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A  HISTORY  and  DE- 
SCRIPTION of  ROMAN 
POLITICAL    INSTITUTIONS 


BY 


FRANK   FROST  ABBOTT 

Kennedy  Professor  of  Latin  in  Princeton  Universit\^ 


THiS-]:);.  |i)iTjjQ$:^«  ,,v,  i'.J  o''; 


GINN  AND  COMPANY 

BOSTON      •     NEW  YORK     •     CHICAGO     •     LONDON 
ATLANTA     ■     DALLAS     ■     COLUMTiUS     •     SAN   FRANCISCO 


28109 


Entered  at  Stationers'  Hall 


Copyright,  1901,  1907,  1911 
By    frank    frost   ABBOTT 


all  rights  reserved 


6.8.3 


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Co  p ,  f 
PREFACE 

This  book  is  intended  to  serve  as  an  introduction  to  the 
study  of  Roman  political  institutions  for  those  who  may 
wish  to  carry  on  more  extended  investigations  in  that  iield, 
and  to  give  a  reasonable  acquaintance  with  the  subject  to 
the  student  of  Roman  Ufe  and  literature.  It  may  be  said 
with  truth  that  the  art  and  literature  of  Rome  never  had  a 
distinctively  national  character.  Both  are  hybrid  products. 
Her  political  institutions,  however,  are  essentially  her  own, 
and  are,  one  might  almost  say,  the  only  characteristic  prod- 
uct of  the  Roman  genius.  We  have  tacitly  recognized  how 
large  a  place  they  fill  in  Roman  history,  and  how  valuable 
an  inheritance  they  have  been  to  modern  civilization,  but 
strangely  enough  we  have  almost  entirely  neglected  the 
study  of  them  in  this  country.  This  neglect  seems  the 
more  surprising  since,  from  the  disciplinary  point  of  view, 
perhaps  no  subject  furnishes  a  better  training  in  practical 
logic  or  gives  us  a  clearer  insight  into  the  workings  of  the 
average  human  mind.  These  facts  have  been  mentioned, 
not  for  the  purpose  of  offering  a  plea  for  the  study  of 
Roman  political  institutions,  but  rather  in  explanation  of 
the  reasons  which  led  to  the  writing  of  this  book. 

My  aim  has  been  to  give  a  connected  view  of  the  devel- 
opment of  the  constitution  from  the  earliest  times  down 
through  the  accession  of  Diocletian.      Each  one  of  the  three 


iv  PREFACE 

periods  in  its  history,  —  the  monarchical,  the  republican, 
and  the  imperial,  —  is  presented  as  a  unit,  and  its  institutions 
axe  treated  first  on  the  historical,  then  on  the  descriptive, 
side.  The  historical  treatment  seemed  to  me  necessary 
because  without  it  one  cannot  get  a  conception  of  the  con- 
stitution as  an  organic  whole  nor  can  one  understand  how 
the  relation  of  the  several  ])arts  to  one  another  determined 
in  large  measure  the  development  of  each.  On  the  other 
hand,  few  students  will  get  a  complete  view  and  a  clear 
idea  of  any  one  institution  without  a  separate  description 
of  it.  The  book  is  so  arranged,  however,  that  teachers  who 
wish  to  do  so  may  use  either  the  historical  or  the  descrip- 
tive part  separately. 

The  brevity  at  which  I  have  aimed  has  made  it  necessary 
at  times  in  discussing  controverted  ([uestions  to  content 
myself  with  stating  what  seemed  to  me  the  most  probable 
theory.  It  has  possibly  at  other  points  led  to  the  omission 
of  certain  details  whose  presentation  might  modify  the 
reader's  conception  of  the  institution  in  question.  If  this 
has  given  a  dogmatic  tone  to  any  part  of  the  work,  I  hope 
that  the  defect  has  been  corrected  by  the  fact  that  refer- 
ence has  been  made  to  the  sources  for  almost  every  impor- 
tant statement,  and  that  modern  literature  has  been  freely 
cited,  so  that  the  reader  may  form  an  independent  judg- 
ment or  may  acquaint  himself  with  the  views  hekl  by  others 
on  the  matter  in  question. 

Of  the  works  which  I  have  found  of  service  in  the  prepa- 
ration of  this  book  I  would  mention  my  great  indebtedness 


PREFACE  V 

to  the  treatises  on  the  Roman  constitution  by  Mommsen, 
Madvig,  Herzog,  Willems,  and  Schiller,  and  to  the  general 
histories  of  Niese,  Schiller,  and  Pelham.  A  separate  treat- 
ment of  the  Roman  judicial  system  did  not  fall  within  the 
scope  of  this  book  as  originally  planned,  but  in  response  to 
the  request  of  teachers  who  were  using  the  work  a  supple- 
ment upon  the  Roman  courts  was  added  to  it  in  the  new 
edition  which  was  brought  out  three  years  ago. 

For  the  new  impression  which  is  now  being  made  the 
two  indices  of  the  second  edition  have  been  combined  and 
materially  enlarged,  and  to  the  bibliography  at  the  end  of 
each  chapter  the  titles  of  some  of  the  most  important  books 
which  have  appeared  during  the  last  nine  years  have  been 
added.  I  wish  to  express  again  my  gratitude  to  Professor 
F.  G.  Moore  of  Columbia  University,  to  Professor  Edward 
Capps  of  this  University,  and  to  Professor  E.  A.  Bechtel 
of  Tulane  University,  for  the  many  valuable  suggestions 
which  they  made  while  the  work  in  its  original  form  was 
passing  through  the  press ;  and  to  Professor  Tenny  Frank  of 
Bryn  Mawr  College,  to  Dr.  J.  D.  Wolcott,  and  to  Dr.  W.  K. 
Clement  for  assistance  in  verifying  the  references.  I  hope 
that,  with  the  additions  and  improvements  which  have  been 
made,  the  book  may  deserve  still  more  the  friendly  reception 
which  it  has  had  in  the  two  previous  editions. 

FRANK  FROST  ABBOTT 
Princeton,  December  7,  1910 


CONTENTS 

PART   I  — MONARCHICAL   PERIOD 

Section  I— Historical 

_  Page 

Chapter 

I.   Rome  under  the  Kings      .     .• i 

Section  II  —  Descriptive 
II.   Monarchical  Institutions     ........       12 

PART    II  — REPUBLICAN    PERIOD 

Section  I  —  Historical 

III.  The  Patrician  City ■• 24 

IV.  The  Struggle  between  the  Orders      ....      41 
V.   The  Supremacy  of  the  Nobilitas 63 

VI.   The    Struggle    between   the  Democracy   and 

the  Nobilitas 94 

VIL   The  Period  of  Transition 129 

Section  n — Descriptive 

VIII.   The  Attributes  of  Magistracy 150 

IX.   The  Several  Magistracies i75 

X.   The  Senate 220 

XL   The  People 245 

vii 


Vlll  CONTENTS 


FART    III— IMPERIAL    PERIOD 

Section  I  —  Historical 

Chapter  Pace 

XII.   Thk  PZstaklishment  ok  the  Empire  .     .         .     .  266 

XIII.  EKOM    TI15ER1U.S    TO    NERO 289 

XIV.  The  Flavian  Emperors 305 

XV.    From  Nerva  to  Septimius  Severus 317 

XVI.    The   Empire  ok  the  Third   Century  and  the 

Rekorms  ok  Diocletian 329 

Section  II  —  Descriptive 

XVII.   The  Emperor 341 

XVIII.    Imperial  Officials 359 

XIX.    The  Magistracies 374 

XX.   The  Senate 381 

XXI.    The  People 3S8 


SuppLK.MENT.    The  Ro.man  Judicial  System 400 

Appendix  I.   Sententiae,  Senatus  Consulta,  and  other 

Documents 413 

Appendix  II.   Some  Passages,  dealing  with  Political 

Institutions,  found  in  L.viin  Writers      .     .  426 

Index 441 


ROMAN 
POLITICAL    INSTITUTIONS 

Part  I  —  Monarchical  Period 

SECTION    I  — HISTORICAL 
CHAPTER   I 

ROME   UNDER   THE   KINGS 

I.  The  Gens.  The  basis  of  political  organization  among 
the  early  Romans  was  the  getis  or  clan.  This  unit  of  organ- 
ization, which  in  one  form  or  another  is  common  to  the 
Indo-European  peoples,  retained  many  of  its  characteristics 
and  some  measure  of  its  social  and  political  importance  to 
a  very  late  period.  Cicero  describes  the  gentiles  of  his  day, 
or  the  members  of  a  clan,  as  those  who  could  trace  their 
lineage  back  to  a  common  ancestor,  who  could  claim  that 
their  ancestors  had  all  been  freemen,  and  who  were  in  pos- 
session of  their  full  rights.  The  civil  and  political  rights 
of  the  individual  came  to  him  as  a  member  of  a  family 
belonging  to  a  gens,  and,  since  membership  in  a  particular 
gens  was  indicated  by  the  possession  of  the  nomen  gen- 
tilicium,  or  clan  name,  the  legal  and  social  importance 
which  attached  to  the  name  is  readily  understood.  In 
fact,  in  the  earliest  period,  even  the  right  to  use  the  land, 

I 


2  MONARCHICAL   PERIOD:    HISTORICAL 

which  was  the  property  of  the  clan  as  a  whole,  was  enjoyed 
by  the  individual  only  by  virtue  of  his  membership  in  one 
of  those  organizations.  Attached  to  the  various  gentes,  or 
to  families  belonging  to  the  gentes,  were  hereditary  depend- 
ents called  dientes,  who  enjoyed  some  of  the  privileges 
of  members  of  a  clan,  and  in  return  therefor  owed  to  their 
patronus  such  services  as  assisting  in  the  payment  of  his 
ransom,  if  captured  in  time  of  war,  and  contributing  to 
his  daughter's  dower.  The  control  of  clan  affairs  rested 
probably  with  the  members  of  the  clan,  or  with  its  repre- 
sentatives. Had  the  organization  been  under  the  head- 
ship of  an  individual,  some  traces  of  such  a  system  would 
be  discernible  in  historic  times. 

2.  Pagi  and  their  Confederation.  The  simplest  purely 
political  community  was  formed  by  the  settlement  of  sev- 
eral clans  about  an  arx  or  fortified  point.  These  com- 
munities, called  pagi,  were,  like  the  gentes,  either  purely 
democratic,  or  controlled  by  the  elders.  The  union  of 
"hill  settlements"  adjacent  to  one  another  for  mutual 
protection  in  trade  intercourse  naturally  followed.  Per- 
haps several  of  these  confederacies  were  formed  in  Latium, 
but  of  course  the  confederacy  of  greatest  historic  impor- 
tance is  the  one  having  Alba  Longa  for  its  common  point  of 
meeting.  The  choice  of  that  town  as  the  place  at  which, 
even  in  historic  times,  the  members  of  the  confederacy  met 
to  offer  a  joint  sacrifice  to  Jupiter  Latiaris,  shows  plainly 
enough  that  Alba  Longa  was  originally  at  the  head  of  the 
league,  but  before  the  dawn  of  history  Rome  had  suc- 
ceeded her  in  the  headship  of  at  least  this  group  of 
communities. 

3.  The  Founding  of  Rome.  According  to  the  pictur- 
esque account  which  Roman  writers  have  left  us  in  prose 
and  verse  of  the  founding  of  their  native  city,  Rome  was 


ROME   UNDER   THE    KINGS  3 

an  offshoot  of  Alba  Longa,  since  Romulus  and  Remus  were 
grandsons  of  Numitor,  the  last  of  the  line  of  Alban  kings 
who  traced  their  lineage  back  to  Ascanius,  the  son  of 
Aeneas.  The  tradition  which  traced  the  beginnings  of 
Rome  to  a  descendant  of  Aeneas  is  only  one  of  the  many- 
accounts  which  sought  to  bring  Rome  into  connection  with 
Greece.  The  stories  of  Evander,  of  Heracles,  and  of  the 
Pelasgi,  as  they  are  recounted,  for  instance,  by  Livy,  illus- 
trate the  same  tendency.  Greek  and  Roman  writers  dated 
the  founding  of  the  city  all  the  way  from  753  to  747  b.c. 
The  first  mentioned  date,  which  Varro  adopted,  is  perhaps 
the  one  most  commonly  accepted  by  the  ancients.  From 
this  time  to  the  establishment  of  the  republic,  in  509  B.C., 
seven  kings  reigned,  by  name  Romulus,  Numa  Pompilius, 
TuUus  Hostilius,  Ancus  Marcius,  L.  Tarquinius  Priscus, 
Servius  Tullius,  and  L.  Tarquinius  Superbus. 

4.  The  Regal  Period.  According  to  tradition,  the  first 
king  laid  the  poHtical  foundations  for  the  city,  by  creating 
the  senate,  and  by  dividing  the  people  into  curiae.  He 
also  extended  Roman  power  by  successful  wars.  Numa 
Pompilius  is  the  antithesis,  in  many  ways,  of  Romulus. 
He  organized  priesthoods,  established  religious  rites,  and 
sought  to  develop  the  religious  life  of  the  people.  It  was 
the  main  purpose  of  TuUus  Hostilius,  as  it  had  been  that 
of  Romulus,  to  extend  the  material  power  of  Rome.  Ancus 
Marcius,  the  fourth  king,  represents  in  a  way  the  two  types 
in  combination.  The  peaceful  development  of  Rome  was 
furthered  in  his  reign  by  the  founding  of  Ostia  and  the 
bridging  of  the  Tiber,  while  her  prestige  in  war  was  main- 
tained with  success.  To  L.  Tarquinius,  who  was  a  Greek 
by  descent,  but  came  to  Rome  from  Tarquinii  in  Etruria, 
many  of  the  great  public  works  of  Rome,  notably  the 
Circus   and   the    Cloaca    Maxima,   were   attributed.      He 


4  MONARCHICAL    PERIOD:    HISTORICAL 

distinguished  himself  likewise  in  wars  against  the  Latins  and 
Etruscans. 

After  Romulus,  Servius  Tullius  was  regarded  as  the 
great  political  organizer  of  the  Romans.  To  him  tradi- 
tion ascribed  the  division  of  the  people  into  classes  and 
centuries,  the  introduction  of  the  tribus  as  a  local  unit  of 
organization,  and  the  completion  of  the  great  encircling  wall. 
Tarquinius  Superbus  is  the  typical  tyrant,  and  the  outrage 
of  Lucretia  by  his  son  Sextus  marked  the  climax  of  the 
autocratic  course  pursued  by  his  family,  and  led  to  the 
overthrow  of  the  monarchy. 

5.  Sources  of  the  Traditional  Account.  As  has  been 
stated  already,  the  part  which  the  Greeks  played  in  the 
creation  and  elaboration  of  the  story  of  the  founding  of 
Rome,  and  of  its  history  under  the  kings,  is  discernible 
at  many  points.  More  or  less  cleverly  dovetailed  into 
these  productions  of  the  Greek  fancy,  or  into  the  tales  bor- 
rowed from  Greek  history,  are  folklore  stories,  explanations 
invented  at  a  comparatively  late  date  to  account  for  the 
existence  of  ancient  monuments,  of  old  customs  and  long- 
established  institutions,  and  some  residuum  of  authentic 
tradition.  These  are  the  main  elements  in  the  traditional 
accounts  set  down,  for  instance,  by  Livy  in  the  first  book 
of  his  history,  and  by  Cicero  in  his  de  Re  Publica.  So 
far  as  we  know,  a  literary  form  was  first  given  to  the  story 
by  Fabius  Pictor  in  his  history  of  the  Punic  wars  in  the 
third  century.  Out  of  this  account  the  finished  produc- 
tions of  the  late  republic  and  early  empire  developed, 
thanks  to  the  additions  and  embellishments  of  successive 
generations. 

6.  The  Making  of  Rome.  It  would  take  us  too  far  from 
our  purpose  to  analyze  the  traditional  accounts  of  the  early 
history  of  Rome,  and  to  separate  from  one  another  the 


ROME   UNDER   THE    KINGS  5 

constituent  elements  mentioned  above.  It  is  important  for 
us,  however,  to  note  certain  parts  of  the  story  which  can  be 
established  with  certainty,  or  with  a  high  degree  of  proba- 
bility. We  can,  for  instance,  rely  upon  the  fact  that  the 
original  settlement  out  of  which  the  city  of  Rome  devel- 
oped was  made  on  the  left  bank  of  the  Tiber,  about  fifteen 
miles  from  the  mouth  of  the  river.  Some  portions  of  the 
wall  of  the  old  Palatine  settlement  are  still  hi  situ,  and 
from  them  the  compass  of  the  early  city  can  be  fairly 
well  determined.  Independent  settlements  existed  on  the 
Quirinal,  the  EsquiHne,  the  Capitoline,  and  the  Caelian 
also.  These  hills  with  the  citadels  upon  them  were  places 
of  refuge  also,  in  case  of  necessity,  for  the  settlers  upon 
the  adjacent  plains,  and  at  a  very  early  date  all  these  hill 
settlements  were  fused  into  a  single  city.  The  territory  of 
this  unified  community  was  first  extended,  by  conquest,  to 
the  south  of  the  city,  and  along  the  left  bank  of  the 
Tiber  to  its  mouth.  Tradition  is  undoubtedly  right  in 
dating  expansion  in  this  direction  from  the  early  part  of 
the  regal  period. 

'7.  Its  Population.  The  various  traditions  connected 
with  the  founding  of  the  city  agree  in  stating  that  the 
population  of  Rome  was  divided  into  three  parts.  Accord- 
ing to  the  commonly  accepted  form  of  the  tradition,  these 
three  parts,  the  Ramnes,  Titles,  and  Luceres,  were  inde- 
pendent elements  of  different  origin,  the  Ramnes  being 
the  original  settlers  of  Roma  qicadrata,  the  Titles  a  Sabine 
community,  while  the  identity  of  the  Luceres  was  a  matter 
of  as  great  uncertainty  to  the  ancients  as  it  is  to  us  to-day. 
Some  modern  writers  are  inclined  to  accept  this  view  of 
the  case.  Others  find  in  the  division  of  the  community 
into  three  "tribes"  only  an  instance  of  the  adoption  of  a 
system  of  political  organization  which  was  not  unknown  to 


6  MONARCHICAL   PERIOD:    HISTORICAL 

Other  Italian  communities.  The  term  tribus  can  of  course 
be  urged  in  support  of  the  latter  view.  The  exact  truth 
in  the  matter  will  probably  never  be  known.  It  may  be 
regarded  as  highly  probable,  however,  that  the  original 
Latin  community  was  reinforced  by  a  colony  of  Sabine 
invaders,  which  in  course  of  time  was  completely  fused 
with  the  Palatine  settlements  into  a  harmonious  political 
organization. 

8.  Early  Form  of  Government.  We  have  already  seen 
reason  to  believe  that  the  affairs  of  the  clan  were  managed 
by  the  members  or  by  the  elders,  who  represented  it. 
With  the  founding  of  the  city  a  new  and  predominant 
element  was  introduced  into  the  political  organization.  The 
clans  which  were  fused  into  a  single  community  agreed  in 
accepting  a  single  political  head,  called  a  rex,  who  was  to 
hold  his  position  for  life,  while  the  elders  or  patres  of  the 
various  gentes  formed  the  king's  council.  To  this  body 
the  control  of  the  state  fell  on  the  death  of  the  king. 

9.  Treatment  of  Conquered  Peoples.  The  history  of 
Rome  under  the  kings  falls  naturally  into  two  epochs. 
The  second  of  these  two  periods  covers  the  reigns  of  the 
last  three  kings,  and  is  characterized  by  the  extension  of 
Rome's  territory,  by  the  development  of  the  plebs  and 
their  partial  incorporation  in  the  body  politic, .  by  the 
appearance  on  the  throne  of  kings  of  foreign  birth,  and 
by  the  fact  that  the  monarchy  became  hereditary.  The 
ambitious  policy  of  conquest  which  the  Tarquins  adopted 
was  attended  with  success,  but  it  brought  the  Romans  face 
to  face  with  difficult  political  questions  of  great  importance. 
What  disposition  should  be  made  of  conquered  territory  ? 
What  standing  should  conquered  peoples  have  in  the  state  ? 
The  first  problem  was  solved  in  most  cases  by  the  perma- 
nent occupation  of  a  ])art  of  the  newly  accjuired  territory 


ROME    UNDER   THE    KINGS  7 

by  the  Roman  state  as  ager  piibliciis,  and  the  assignment 
of  the  rest  to  the  conquered  people  with  the  right  of  use, 
under  certain  conditions,  but  not  of  full  ownership.  A 
majority  of  those  who  lived  in  these  subjugated  districts 
probably  accepted  these  conditions  and  remained  upon  the 
land,  but  some  of  them  came  to  Rome  and  settled  there. 
In  a  few  cases  the  most  prominent  families  among  the  new- 
comers were  admitted  to  the  full  rights  of  citizenship.  This 
was  perhaps  the  plan  adopted  in  the  case  of  Alba  Longa. 
According  to  Livy's  narrative,  after  the  destruction  of  that 
city,  its  leading  clans  were  admitted  among  the  gentes, 
and  their  representatives  were  made  patres.  Such  gener- 
ous treatment  of  conquered  peoples  was,  however,  excep- 
tional. Ordinarily,  if  we  except  those  who  were  brought 
to  Rome  as  slaves,  newcomers,  whether  they  came  to  the 
city  after  the  conquest  of  their  native  land,  or  were  attracted 
to  it  by  the  possibilities  of  gain  which  its  growth  held  out, 
assumed  one  of  two  positions  in  the  community.  They 
either  attached  themselves  as  clientes  (cf.  p.  2)  to  the 
representatives  of  prominent  Roman  families  and  gained 
certain  rights  and  privileges  through  their  patroni,  or,  while 
maintaining  their  personal  freedom,  they  were  thought  of 
as  bearing  to  the  king  a  relation  similar  to  that  which  the 
client  bore  to  his  patron.  This  second  class  of  inhabitants 
was  probably  augmented  by  the  gradual  release  of  many 
clients  from  the  performance  of  the  duties  which  they 
owed  to  their  patrons.  In  these  two  ways  a  new  element 
developed  in  the  community,  which  had  no  part  in  the 
management  of  affairs,  an  element  whose  very  name  of 
plebes  indicated  its  lack  of  organization. 

10.  Plebeians  enrolled  in  the  Army.  But  this  narrow 
policy,  which  not  only  denied  to  a  large  part  of  the  commu- 
nity all  political  privileges,  and  civil  rights  in  some  measure, 


8  MONARCHICAL    PERIOD:    HISTORICAL 

but  also  exempted  the  same  element  from  the  necessity  of 
performing  military  service,  was  entirely  out  of  harmony 
with  the  career  of  conquest  on  which   the   Roman  state 
had  entered.     The  farther  the  limits  of  the  Roman  terri- 
tory were  extended,  the  more  pressing  became  the  need 
of  more  fighting  men  to  hold  in  check  the  newly  subdued 
peoples  within  its  confines,  and  to  ward  off  the  attacks  of 
enemies  from  without.     The  king,  as  chief  executive  of  the 
state  and  commander-in-chief  of  the  army,  felt  the  necessity 
first  and  most  keenly,  and  tradition  is  undoubtedly  right  in 
stating  that  on  one  or  two  occasions  he  took  the  initiative, 
with  more  or  less  success,  in  admitting  some  plebeians  to 
the  rights  of  citizenship.     The  citizens  were  naturally  loath 
to  lose  part  of  their  privileges  by  sharing  them  with  others, 
but  the  military  necessities  of  the  case  forced  them  to  make 
certain  concessions,  and  under  the  constitution  which  is 
connected  with  the  name  of  Servius  Tullius  the  plebeians 
as  well  as  the  patricians,  the  members  of  the  old  gentes, 
were  enrolled  in  the  army.     We  cannot  say  with  certainty 
what  concessions  on  the  part  of  the  patricians  made  the 
plebeians  willing  to  undergo  the  hardships  and  expense  of 
military  service,  and  insured  their  loyalty  to  the  state.     It 
would  seem,  however,  to  have  been  the  concession  of  the 
right  to  the  full  ownership  of  land,  which  had  probably 
been  denied  to  them  before.     From  this  time  on,  the  ple- 
beians had  a  stake  in  the  community,  and  it  was  to  their 
interest  to  maintain  order  within  its  limits  and  to  protect  it 
from  its  enemies.     This  change  in  their  position  was  of  no 
immediate  political  significance.     They  were  still  excluded 
from  any  share  in  the  management  of  the  state,  but  the  estab- 
lishment of  an  organization,  of  which  plebeians  as  well  as 
patricians  were  members,  even  though  it  was  a  body  of  a 
military  character,  had  i)olitical  possibilities  for  the  future. 


ROME    UNDER   THE    KINGS  9 

11.  The  Results  of  Rome's  Narrow  Policy.  It  may  have 
been  well  for  the  ultimate  development  of  Rome  that  the 
members  of  the  old  gentes  adopted  the  narrow  poUcy  of 
retaining  all  political  power  in  their  own  hands.  Had  they 
followed  the  precedent  which  Tullus  Hostilius  seems  to 
have  set  in  the  case  of  Alba  Longa,  and  admitted  new 
gentes  on  a  par  with  the  old  ones,  the  narrow  tribal  basis 
of  the  state  might  have  lasted  for  an  indefinite  time.  Under 
the  ungenerous  policy  which  was  adopted,  the  right  to 
control  the  internal  and  the  foreign  affairs  of  the  state  was 
the  hereditary  privilege  of  a  comparatively  small  body  of 
men.  Over  against  them  was  a  large  and  rapidly  growing 
element  in  the  community  whose  intolerable  position  would 
force  it  to  break  down  the  opposing  barriers,  and  thus  to 
overthrow  the  tribal  system  on  which  the  state  was  based. 
In  this  connection  it  is  significant  that  the  new  Servian 
organization  recognized  the  individual  as  an  individual  and 
not  solely  as  a  member  of  a  certain  clan,  and  that  the 
members  of  the  new  body  were  classified  on  the  basis  of 
their  property  and  not  of  their  family  connections. 

12.  Etruscan  Supremacy.  It  is  very  difficult  to  under- 
stand the  foreign  relations  of  Rome  during  the  reigns  of 
the  last  three  kings,  which  we  are  now  considering.  Accord- 
ing to  tradition,  the  first  of  the  three,  Tarquinius  Priscus, 
during  the  reign  of  his  predecessor,  Ancus  Marcius,  came 
to  Rome  from  Tarquinii  in  Etruria,  and  on  the  death  of 
the  king  succeeded  to  the  throne.  It  has  been  suspected 
that  under  the  guise  of  the  Etruscan  ancestry  of  Tarquin 
the  conquest  of  Rome  by  the  Etruscans  has  been  con- 
cealed, and  it  is  true  that  many  changes  attributed  to  the 
Tarquins  may  be  urged  in  support  of  this  hypothesis,  but 
this  conclusion  is  at  least  open  to  serious  doubt.  The 
favorable  location  of  the  city  and  its  rapid  growth  would 


lO  MONARCHICAL    PERIOD:    HISTORICAL 

undoubtedly  attract  many  strangers  to  the  city.  These 
newcomers,  as  we  have  already  observed,  were  in  some 
cases  admitted  to  the  full  rights  of  citizenship,  and  it  would 
not  have  been  an  extremely  difficult  thing  for  one  of  these 
naturalized  citizens,  if  he  were  a  leader  of  skill  and  ability, 
to  gain  the  throne.  Such  a  leader  the  first  of  the  Tarquins 
seems  to  have  been,  and  there  is  no  sufficient  reason  for 
refusing  to  accept  the  tradition  of  Tarquinius  Priscus  at 
its  face  value. 

13.  Political  Changes.  The  form  of  government  under- 
went a  noteworthy  change  under  the  Tarquins  in  the  sub- 
stitution of  an  hereditary  for  an  elective  monarchy,  and 
in  the  subordination  of  the  senate  to  the  king.  The  first 
of  these  two  changes  is  indicated  plainly  enough  by  the 
kinship  existing  between  the  last  three  kings,  and  by  the  v 
passage  of  the  scepter  to  Servius  Tullius  and  to  Tarquinius 
Superbus  without  the  observance  of  the  interregnum.  The 
fact  just  mentioned  illustrates  also  the  autocratic  attitude 
which  the  reigning  family  assumed  toward  the  senate.  On 
the  death  of  the  king  under  the  old  regime  the  auspicia 
reverted  to  the  senate,  and  that  body,  through  representa- 
tives chosen  from  its  own  number,  exercised  the  supreme 
executive  power.  The  assumption  of  power  by  Servius 
Tullius  and  Tarquinius  Superbus,  neque  popidi  iussu  neque 
aiictoribus patribus  (Liv.  I.  49,  3),  made  a  serious  breach  in 
the  theory  that  the  senate  was  the  ultimate  depositary  of 
supreme  power,  gave  a  dangerous  continuity  to  the  king's 
office  and  prevented  the  choice  by  the  senate  of  a  monarch 
satisfactory  to  it. 

The  jealousy  which  the  patricians  felt  at  this  usurpation 
of  power  by  the  king  led  to  the  overthrow  of  the  monarchy. 
There  are  some  indications  of  a  rapprochement  between  the 


ROME    UNDER   THE    KINGS  II 

king  and  the  plebeians,  but  the  plebeians  were  exhausted 
and  embittered  by  long-continued  service  in  the  army  and 
by  forced  labor  in  the  construction  of  public  works,  so  that 
they  either  did  not  come  to  the  defense  of  Tarquinius 
Superbus,  or  helped  the  patricians  to  overthrow  him. 


SECTION    II  — DESCRIPTIVE 

CHAPTER   II 
MONARCHICAL   INSTITUTIONS 

14.  Sources  of  Information.  The  same  difficulties  which 
beset  one's  ])ath  in  seeking  to  trace  the  course  of  poUtical 
events  during  the  regal  period  bring  to  naught  in  some 
respects  every  effort  to  gain  a  clear  conception  of  the 
political  institutions  of  the  epoch  in  question.  Our  knowl- 
edge of  these  institutions  is  derived  in  the  main  from  tra- 
dition, from  the  explanatory  statements  of  Latin  writers, 
and  from  an  investigation  of  the  poUtical  institutions  of  the 
republican  period.  Some  further  light  is  thrown  on  early 
institutions  by  an  investigation  of  early  laws,  treaties,  legal 
and  religious  formulae,  and  by  a  study  of  the  fundamental 
meaning  of  the  titles  of  the  several  offices,  as  in  the  case  of 
the  quaestores  parricidii. 

Let  us  confine  our  attention  for  the  present  to  the  three 
principal  sources,  noting  at  the  outset  some  of  the  points 
at  which  these  sources  must  be  used  with  caution.  Many 
of  the  descriptions  which  we  find  in  Livy  of  the  Roman 
constitution  under  the  kings  owe  their  existence  to  a  delib- 
erate attempt  at  a  later  date  to  account  for  a  political  term 
or  usage  or  institution,  which  in  course  of  time  had  lost  its 
original  meaning.  This  same  inventive  tendency  vitiates  in 
some  measure  the  explanations  made  by  the  later  antiqua- 
rians, whose  views  are  also  more  or  less  colored  by  their 

12 


MONARCHICAL   INSTITUTIONS  I  3 

knowledge  of  the  form  which  an  ancient  institution  had 
taken  in  their  own  day.  So,  for  instance,  historians  and 
antiquarians  of  the  first  century  B.C.  may  have  been  led  by 
their  knowledge  of  the  constitutional  character  of  the  con- 
sulship to  assume  erroneously  that  certain  corresponding 
constitutional  restrictions  were  put  on  the  power  of  the 
king.  It  is  evident  that  in  using  the  third  source  of  infor- 
mation, that  is,  in  reconstructing  the  political  institutions  of 
the  regal  period  from  our  knowledge  of  the  forms  which 
they  had  taken  in  republican  times,  we  must  make  due 
allowance  for  development  or  decay,  and  must  not  be 
guilty  of  the  same  mistake  which  the  Roman  antiquarians 
made.  The  way  in  which  the  nature  of  the  interregnum  is 
determined  illustrates  the  use  which  may  be  made  of  these 
different  sources  of  information.  First  of  all,  the  tech- 
nical term  itself  indicates  the  period  elapsing  between  th^ 
death,  resignation,  or  dethronement  of  one  king  and  the 
accession  of  his  successor.  This  general  notion  is  ampli- 
fied by  the  traditional  account  given  in  more  or  less  detail 
by  Livy,  Dionysius,  and  Cicero  of  the  way  in  which  the 
affairs  of  state  were  conducted  after  the  death  of  each  one 
of  the  first  four  kings ;  explanatory  remarks  on  the  insti- 
tution have  been  made  by  the  commentators  Asconius  and 
Servius,  and  these  three  sources  of  information  have  been 
supplemented  by  the  contemporaneous  accounts  which 
Cicero  and  other  writers  have  left  us  of  the  method  of 
procedure  during  the  interregnums  of  53   b.c. 

15.  The  Senate  as  the  Ultimate  Source  of  Authority. 
As  we  have  already  had  occasion  to  notice  (p.  2),  in  the 
prehistoric  tribal  community  the  control  of  affairs  was 
largely,  if  not  entirely,  vested  in  the  clan  elders.  On  the 
establishment  of  the  monarchy,  the  supreme  power  was 
transferred  to  a  single  individual,  to  be  exercised  by  him 


14  MONARCHICAL   PERIOD:    DESCRIPTIVE 

during  his  lifetime.  At  his  death  the  sovereignty  naturally 
reverted  to  the  elders.  This  view  of  the  situation  Livy 
has  expressed,  when,  after  mentioning  the  death  of  TuUus 
Hostilius,  he  remarks  (I.  32.  i),  res,  ut  institutum  iam  inde 
ab  initio  erat,  ad  patres  rediit.  This  view  that  the  senate 
was  the  ultimate  source  of  authority  was  the  aristocratic 
theory  of  the  constitution  down  to  the  end  of  the  repub- 
lican period,  and  was  the  cause  of  violent  and  protracted 
struggles,  first  between  patricians  and  plebeians,  and  later 
between  the  nobilitas  and  the  democracy. 

16.  Method  of  Selecting  a  King.  The  supreme  execu- 
tive power,  which  thus  reverted  to  the  senate,  and  in  the 
later  republican  period  to  the  patrician  senators,  was  exer- 
cised by  that  body  in  a  peculiar  fashion.  A  member  of 
the  senate,  bearing  the  title  of  interrex,  and  chosen  in  a 
way  not  entirely  clear  to  us,  assumed  charge  of  affairs  for 
a  period  of  five  days.  He  nominated  a  second  interrex, 
and  this  system  was  continued  until  a  king  was  selected. 
The  choice  was  made  by  the  interrex  in  harmony  with 
the  wishes  of  the  senate,  and  was  submitted  by  him  for 
approval  to  the  people  assembled  by  curiae.  The  senate 
then  ratified  the  selection  by  passing  the  audoritas  patruin, 
and  the  candidate  was  formally  declared  king  by  the  inter- 
rex. The  ceremony  ended  when  the  newly  elected  king  had 
taken  the  auspices  and  had  been  vested  with  the  imperiiim 
by  the  lex  curiata  de  imperio.  The  selection  of  a  king 
rested  essentially  with  the  senate.  His  election  or  con- 
firmation by  the  people  was  a  matter  of  form,  although, 
since  the  king  was  primarily  the  leader  of  the  army,  the 
hearty  support  of  the  fighting  men  of  the  community  was 
a  matter  of  great  importance.  Since  the  real  selection  of 
the  king  was  made  by  the  senate  through  one  of  its  own 
number,  the  auctoritas  patrum  had  a    formal   significance 


MONARCHICAL    INSTITUTIONS  I  5 

only,  although  it  was  a  safeguard  which  might  take  on  a 
real  meaning  in  the  case  of  a  usurper  or  a  headstrong 
interrex.  The  passage  of  the  lex  de  iniperio,  which  is  not 
properly  a  part  of  the  ceremony  attending  the  choice,  and 
the  inauguration  of  the  king,  were  also  matters  of  form  in 
so  far  as  the  choice  of  the  king  was  concerned,  since  the 
refusal  of  the  curiae  to  pass  the  measure  is  inconceivable. 
17.  Powers  of  the  King.  Sallust  characterizes  the  power 
of  the  king  as  an  hnperium  legitimu7n.  This  can  mean  little 
more  than  that  the  king  was  to  observe  the  mos  maiorum. 
So,  for  instance,  he  was  expected,  although  not  required, 
to  consult  the  senate  on  important  matters.  This  general 
limitation  on  the  power  of  the  king  found  definite  expres- 
sion, perhaps,  in  the  lex  de  imperio,  which  was  probably  in 
the  nature  of  a  contract,  on  the  part  of  the  people  to 
render  obedience,  on  the  part  of  the  king  to  observe  the 
practices  of  the  forefathers.  Except  for  the  limitations 
just  mentioned,  the  king  was  a  supreme  ruler,  —  the  chief 
executive,  the  chief  priest,  the  lawgiver,  and  the  judge  of 
the  state.  After  war  had  been  declared  he  had  sole  power 
to  levy  and  organize  troops,  to  choose  leaders,  and  to  con- 
duct the  campaign.  The  property  of  the  state  was  under 
his  control,  and  he  was  authorized  to  dispose  of  conquered 
territory  and  to  take  charge  of  public  works.  He  was  the 
official  representative  of  the  community  in  its  relations  with 
the  gods,  as  well  as  in  its  dealings  with  other  communities. 
Changes  of  a  permanent  or  far-reaching  character,  how- 
ever, such  as  the  introduction  of  new  deities,  could  only 
be  made  with  the  consent  of  the  priests.  It  would  be 
unwarrantable  to  import  modern  notions  into  our  conception 
of  the  king's  position  and  to  speak  of  him  as  legislating  for 
the  people,  but  undoubtedly  he  formulated  and  executed 
such  measures  as  he  thought  essential  to  the  community. 


l6  MONARCHICAL    PERIOD:    DESCRIPTIVE 

except  that  matters  affecting  primarily  the  gcntcs,  and 
a  declaration  of  war,  must  be  referred  to  the  people. 
The  adjudication  of  all  civil  and  criminal  cases  was  natu- 
rally within  the  scope  of  his  power.  It  is  quite  possible 
that  in  civil  cases,  in  some  instances,  the  king  may  have 
adopted  the  practice,  which  the  praetor  uniformly  observed 
under  the  republic,  of  conducting  the  case  in  its  prelim- 
inary stages  {in  iure),  and  then  of  referring  it  to  a  iudex 
for  settlement.  Probably  criminal  cases  involving  the  ques- 
tion of  life  and  death  could,  with  the  consent  of  the  king, 
be  appealed  to  the  people  for  trial. 

i8.  Assistants  and  Insignia  of  the  King.  In  the  absence 
of  the  king  from  the  city,  the  duties  of  the  office  were  per- 
formed by  a  substitute,  called  the  praefectus  icrbi.  The 
other  political  officials  of  the  regal  commonwealth  were 
two  qiiaestores  ,parricidi,  or  detective  officers,  the  duum- 
viri perduellionis,  who  assisted  the  king  in  cases  of  treason, 
and  the  tribunus  celerum,  who  commanded  the  cavalry. 
These  officials  were  all  chosen  by  the  king,  and  the  power 
which  they  exercised  was  delegated  to  them  by  him.  In 
time  of  war  the  king  wore  the  trabea,  a  purple  cloak,  in 
time  of  peace  a  purple  toga.  His  seat  on  formal  occasions 
was  the  solium.     He  was  attended  by  twelve  lictors. 

19.  The  Senate.  In  organizing  the  primitive  Roman 
senate  a  representative  was  chosen  from  each  clan.  As 
the  number  of  clans  in  the  community  increased,  the  num- 
ber of  members  in  the  senate  increased  correspondingly, 
until  three  hundred  was  fixed  as  a  maximum.*  This  num- 
ber, on  which  th'e  various  traditions  agree,  gives  a  repre- 
sentation of  one  hundred  for  each  tribus  and  ten  ibr  each 
one  of  the  curiae.  The  choice  of 'senators  was  made  by 
the  king,  but  ipuaccordance  with  principles  handed  down 
by   tradition.    JThe   title  patres   may  be   a  mere   term   of 


MONARCHICAL    INSTITUTIONS  1/ 

honor,  but  probably  a  minimum  age  limit  was  fixed  for 
membership  in  the  body.  The  functions  of  the  senate  may 
be  considered  from  three  points  of  view,  viz.,  as  an  organ- 
ization vested  under  certain  circumstances  with  supreme 
power,  as  a  legislative  body  coordinate  with  the  people 
assembled  in  the  curiae,  and  as  the  council  of  the  king. 
We  have  already  noticed  the  fact  (p.  14)  that  on  the 
death  of  the  king  the  control  of  the  state  reverted  to  the 
senate.  The  fact  has  also  been  noted  (p.  14)  that  matters 
on  which  the  popular  assembly  acted  came  before  the 
senate  for  approval  or  rejection.  Custom  made  it  incum- 
bent on  the  king  to  seek  the  advice  of  the  senate  in  impor- 
tant matters,  but  it  was  left  for  him  to  decide  whether  to 
bring  a  subject  before  the  senate  or  not,  and  he  was  free 
to  adopt  or  reject  its  advice,  as  he  saw  fit.  This  theory 
of  the  relations  existing  between  the  senate  and  the  chief 
executive  was  maintained  down  through  the  republican 
period  even,  although  in  practice  the  consul  rarely  failed  to 
follow  the  instructions  of  the  senate.  The  senate  could  meet 
only  when  called  together  by  the  king,  and  its  meetings  were 
held  in  a  temphim,  or  place  consecrated  by  an  augur. 

20.  Patricii,  Clientes,  Plebeii.  There  were  three  princi- 
pal classes  in  the  community,  —  patricians,  clients,  and  ple- 
beians. 'The  patricians  were  legitimate  sons  in  families 
belonging  to  the  gentes  recognized  by  the  state.  Patri- 
cians alone  had  civitas  Optimo  iure,  i.e.,  the  full  rights  of 
citizenship.  This  included,  besides  personal  freedom,  ins 
commercii,  the  right  to  hold  and  exchange  property  and  be 
protected  in  its  possession  \  ius  conubii,  the  right  to  inter- 
marry with  other  members  of  the  gentes,  and  ius  gentilitatis, 
the  right  to  a  share  in  the  worship  of  the  clan.  The  main 
political  privileges  enjoyed  by  the  patricians  were  itis  suf- 
fragii,  the  right  to  vote,  and  ius  Jiouoi-uni,  the  right  to -hold 


l8  MONARCHICAL   PERIOD:    DESCRIPTIVE 

office.  The  cUentes  were  strangers  who  had  come  to  Rome 
to  better  their  condition,  or  the  former  inhabitants  of  con- 
quered territory,  or  freedmen.  Not  being  members  of  any 
one  of  the  recognized  gentes,  they  gained  certain  privileges 
by  attaching  themselves  to  the  head  of  a  family  belonging 
to  a  gens.  'I'heir  protector  was  known  as  a  patronus,  who 
represented  them  before  the  law.  They  did  not  have  the 
full  right  to  own  land,  but  were  allowed  to  hold  it  on 
condition  of  giving  a  part  of  the  return  from  it  to  their 
patronus.  Clients,  who  were  artisans,  simikrly  gave  to  him 
a  part  of  the  profits  of  their  labor.  The  relation  existing 
between  a  dieus  and  his  patronus  was  an  hereditary  one. 
The  origin  of  the  jilebeians  and  the  relation  which  they 
bore  to  the  clicntes  is  somewhat  obscure,  but  they  were 
probably  strangers  who  settled  in  Rome  with  the  king  as 
their  patronus,  or  clicntes  whose  relation  of  dependence 
was  brought  to  an  end  with  the  consent  of  their  patronus, 
or  through  the  disappearance  of  the  family  to  which  they 
were  attached.  In  return  for  the  service  which  they  ren- 
dered in  the  army  the  Servian  reform  granted  them  ius 
commercii.  They  had  the  right  to  marry  within  their  own 
class,  but  they  were  not  allowed  to  marry  patricians. 

21.  The  Curiae.  The  fundamental  unit  in  the  division 
of  the  people  for  political  j^urposes  in  the  jirimitive  state 
was  the  curia,  whose  organization  resembled  that  of  the 
family  in  that  it  had  common  religious  rites,  common  festi- 
vals, and  a  common  hearth.  The  thirty  curiae  included  not 
only  the  patricians  but  also  the  clientes,  —  and  i)robably  the 
plebeians,  —  although  the  plebeians  and  clients  had  no 
vote.  The  curiae  constituted  the  poptilus  Romanus  Quiri- 
tiiim,  and  the  comitia  curiata,  the  organization  based  on 
them,  was  the  only  popular  assembly  of  a  political  or 
semi-political  character  during  the  regal  period. 


MONARCHICAL   INSTITUTIONS  1 9 

22.  The  Comitia  Curiata.  Only  the  king  or  inter  rex  had 
the  right  to  call  together  the  people  and  lay  matters  before 
them  for  consideration  {agere  aim  populd).  The  usual  place 
of  meeting  was  the  comitium.  In  all  probability  the  will  of 
the  people  could  ordinarily  be  indicated  well  enough  by 
informal  signs  of  approval  or  disapproval  on  the  part  of  the 
multitude,  but  the  systematic  division  of  the  people  indi- 
cates that  from  the  outset,  on  certain  matters  at  least,  a 
definite  system  of  voting  was  adopted,  perhaps  by  acclama- 
tion, within  the  separate  curiae.  A  majority  of  the  curiae 
determined  the  vote  of  the  whole  assembly.  Stated  meet- 
ings of  the  comitia  curiata  were  held  on  the  Kalends  and 
Nones  of  the  month  to  hear  announcements  with  refer- 
ence to  the  calendar,  and  on  two  fixed  dates  in  the  spring, 
primarily  to  witness  wills.  Other  meetings  were  held  as 
occasion  might  require.  The  matters  which  came  before 
this  assembly  may  be  roughly  classified  under  four  heads. 
The  people  might  be  called  together  to  elect  a  king,  to 
hear  an  appeal,  to  Hsten  to  announcements,  or  to  vote  on 
rogatiofies  or  propositions.  The  first  two  points  have  been 
discussed  elsewhere  (pp.  14,  16).  The  announcements 
which  the  people  were  called  together  to  hear  were  those 
made  at  the  stated  meetings  mentioned  above.  It  would  be 
an  anachronism  to  speak  of  the  legislation  of  the  period, 
but  in  matters  of  great  importance  the  king  asked  for  the 
approval  of  the  people  assembled  in  the  comitia,  and  on 
occasion  of  assuming  the  imperium  (see  pp.  14  f.)  or  declar- 
ing an  offensive  war  the  consent  of  the  people  was  neces- 
sary. Questions  concerning  the  geiites  were  those  most 
frequently  brought  before  the  comitia  curiata.  These  were 
mainly  :  adiectio,  the  admission  of  a  new  gois  into  a  curia  ; 
restitutio,  the  restoration  of  citizenship  ;  adrogatio,  the  reduc- 
tion of  a  pater  familias  to  a  dependent  position  in  another 


20  MONARCHICAL    PERIOD:    DESCRIPTIVE 

family,  and  deles  tat  io  sacrorum,  release  from  the  clan  sacra. 
Under  the  republic  matters  affecting  the  clans  became  the 
main  business  of  this  body. 

23.  The  Servian  Reorganization  of  the  Army.  Under  the 
early  monarchy  the  i)rehistoric  division  of  the  people  into 
three  tribes  served  as  a  basis  for  the  levy  of  troops ;  but, 
since  the  plebeians  were  not  included  in  these  three  tribes, 
the  state  lost  the  use  of  a  large  number  of  able-bodied  men, 
and  there  was  no  way  in  which  they  could  very  well  be 
included  in  a  system  based,  as  the  old  one  seems  to  have 
been,  on  kinship  and  vicinage.  This  state  of  things  led  to 
the  giving  up  of  the  old  basis  of  organization,  and  to  the 
substitution  in  its  stead  of  the  property  system  of  classifi- 
cation. Under  the  Servian  reform  all  freemen  who  had  a 
certain  amount  of  landed  property  were  enrolled  in  the 
army  without  regard  to  their  membership  in  a  clan.  The 
enrollment  was  apparently  based  on  the  possession  of  landed 
property,  and  comprised  all  those  who  had  two  acres  or 
more  of  land.  The  possession  of  twenty  acres  admitted 
one  to  the  first  class,  fifteen  acres  to  the  second,  ten  acres 
to  the  third,  five  acres  to  the  fourth,  and  two  acres  to  the 
fifth.  The  classes  were  divided  into  centuries,  that  is,  into 
subdivisions,  which  at  the  outset  perhaps  actually  contained 
one  hundred  men,  but  in  course  of  time  the  term  can  have 
scarcely  indicated  a  fixed  number.  The  iuniores,  those 
between  seventeen  and  forty-six  years  of  age,  were  drafted 
for  service  in  the  field  ;  the  seniores,  men  from  forty-six  to 
sixty  years  of  age,  were  expected  to  perform  garrison  duty 
only.  Each  class  contained  an  equal  number  of  centuries 
of  seniores  and  iuniores.  Those  enrolled  in  the  five  classes 
served  as  infantry.  Cavalry  service  was  rendered  by 
eighteen  centuries  made  up  of  the  richest  men  in  the 
community.      There   were  also   two  centuries  of  sappers 


MONARCHICAL   INSTITUTIONS 


21 


and  two  of  buglers,  and  at  the  outset,  or  somewhat  later, 
one  century  oi  proletarii. 

The  probable  details  of  the  organization  may  be  seen 
from  the  following  table  : 


La7tded  property 
171  acres. 

Cent7iries 

Equites  .     .     . 

1 

(  (100,000  asses^^ 

.     18 

1st  class  .     .     . 

1 

(  (100,000  asses 

seniores 
iuniores 

•     40 
.     40 

2d         "        .       .       . 

I    (75,000  asses) 

seniores 
iuniores 

.      10 

.       ID 

3d      "     .     .     . 

5 

seniores 

.       10 

(   (50,000  asses) 

iuniores 

.       10 

4th     "... 

.    5             5 

(    (25,000  asses) 

seniores 
iuniores 

.       10 

.       ID 

5th    "     .     .     . 

■     1 

seniores 

•       IS 

1    (10,000  asses) 

iuniores 

•       15 

Fabri      .     .     . 

2 

Cornicines  .     . 

2 

Proletarii  (?)    . 

.      .         I 

Total     .     . 

.    .  iq:^ 

The  citizens  were  reclassified  at  regular  intervals,  and,  for 
convenience  in  classification,  the  city  was  divided  terri- 
torially into  four  tribus,  called  respectively  Palatina,  Subu- 
rana,  CoUina,  and  Esquilina.  Membership  in  a  tribus  was 
hereditary. 

This  entire  organization  of  the  people  by  tribes,  classes, 
and  centuries  was  for  military  purposes  only,  and  the 
comitia  cettturiata  based  upon  it  had  no  political  functions 
during  the  regal  period. 


22  MONARCHICAL   PERIOD:    DESCRIPTIVE 


Special  Bibliography 

Traditional  accounts  of  the  regal  period :  Livy,  Bk.  I ;  Dionysius, 
Bks.  I-IV;  Cic.  de  Re  Publ.  II.  4-46;  Plutarch,  Lives  of  Romulus 
and  Numa;  11.  Peter,  Veterum  historicorum  Romanorum  relliquiae, 
Vol.  I,  Leipzig,  1870.  —  Discussion  of  the  sources  :  C.  Peter,  Zur  Kritik 
d.  Quellen  d.  alteren  rom.  Geschichte,  Halle,  1879  >  Schafer-Nissen, 
Abriss  d.  Quellenkunde  d.  griech.  u.  rom.  Geschichte,  2te  Abt.,  2'e 
Aufl.,  Leipzig,  1885 ;  Wachsmuth,  Einleitung  in  das  Stadium  d.  alten 
Geschichte,  Leipzig,  1895  ;  Soltau,  Livius'  Geschichtswerk,  Leipzig, 
1897.  —  Credibility:  Schwegler-Baur,  Rom.  Geschichte,  Tubingen, 
1853-8  (Fortsetzung,  Clason,  1873-6)  ;  Seeley,  Livy,  Bk.  I^,  Oxford, 
188 1 ;  Ihne,  Early  Rome,  8th  ed.,  New  York,  1895.  —  The  king  :  Cuno, 
Vorgeschichte  Roms,  Vol.  I,  Leipzig,  1878 ;  Vol.  II,  Graudenz,  1888  ; 
L.  Lange,  Das  rcim.  Konigtum,  Leipzig,  1881  ;  H.  Jordan,  Die  Konige 
im  alten  Italien,  Berlin,  1887.  —  The  senate:  Mommsen,  Rom.  For- 
schungen,  I,  250-268,  2**  Aufl.,  Berlin,  1864;  Fr.  Hofmann,  Der 
rom.  Senat  zur  Zeit  der  Repul^lik,  1847 ;  Bloch,  Les  origines  du  s^nat 
romain,  Paris,  1883.  —  The  people,  curiae,  centuriae,  etc.  :  Em.  Hoff- 
mann, Die  patriz.  u.  pleb.  Kurien,  Vienna,  1879 ;  Pelham,  The  Roman 
Curiae  (in  Journ.  of  Philol.,  IX.  266-279) ;  Mommsen,  Die  rom. 
Tribus,  Altona,  1844;  Kubitschek,  de  Rom.  trib.  origine  ac  propa- 
gatione,  Vienna,  1882  ;  Soltau,  Ueber  Entstehung  u.  Zusammen- 
setzung  d.  altrom.  Volksversammlungen,  Berlin,  1880 ;  Genz,  Das 
patrizische  Rom,  Berlin,  1878  ;  M.  Zoeller,  Latium  u.  Rom,  Leipzig, 
1878. 

General  Bibliography  ^ 

{T/ie  Monarchy  and  the  Republic) 

Th.  Mommsen,  History  of  Rome,  5  vols.  (Eng.  trans.).     New  York, 

1894. 
W.  Ihne,  History  of  Rome,  4  vols.  (Eng.  trans.).     London,  1871-82. 

*  Collections  of  inscriptions,  like  the  Corpus  Inscriptionum  Latinarum,  of  docu- 
ments, like  that  of  Bruns,  and  treatises  on  coins,  such  as  Eckhel's  Doctrina  Numo- 
runt  Veterum,  may  be  consulted  to  advantage,  but  do  not  fall  within  the  scope  of 
this  list.  Valuable  lists  of  articles  on  various  periods  of  Roman  history,  which  have 
appeared  during  the  last  fifteen  years,  may  be  found  in  the  Jahresbericht  iiber  die 
Fortschritte  der  classischen  Alterthutnswissenschaft,  Ikl.  xlviii  (1886),  pp.  211-314; 
Bd.  Ivi  (1888),  pp.  1-30;  Bd.  k  (1889),  pp.  262-408;  Bd.  bdv  (1890),  pp.  114-185, 
and  Bd.  xciv  (1897),  pp.  1-277. 


MONARCHICAL   INSTITUTIONS  2$ 

E.  Pais,  Storia  di  Roma,  Vol.  I.     Turin,  1899. 

B.  G.  Niebuhr,  History  of  Rome  (Eng.  trans.).     London,  1855. 
Schwegler-Clason,  Rbmische  Geschichte,  4  Bde.     Tiibingen,  1853-8  ; 

Berlin,  1873-6. 

C.  Peter,  Geschichte  Roms,  3  Bde.     4*6  Aufl.     Halle,  1881. 
E.  W.  Fischer,  Romische  Zeittafeln.     Altona,  1846. 

H.  F.  Clinton,  Fasti  Hellenici,  Vol.  III.  Oxford,  1841. 
H.  F.  Clinton,  Fasti  Romani,  2  vols.  Oxford,  1845-50. 
H.  Matzat,  Rbmische  Zeittafeln  fiir  die   Jahre   219  bis  I  v.  Chr. 

Berlin,  1889. 
H.  Matzat,  Romische  Chronologie,  2  Bde.     Berlin,  1883-4. 

Supplementary  Literature,   1901-1910^ 

Heitland,  The  Roman  Republic,  3  vols.    Cambridge  (England),  1909. 

Klio  {=  Beitrage  zur  alten  Geschichte),  1902 — -  (passim). 

De  Ruggiero,   Dizionario  epigrafico  di  antichita  romane  (A-Dend, 

F-Gr).     Rome,  1895-1909. 
Wachsmuth,    Einleitung    in    das    Studium    der    alten    Geschichte. 

Leipzig,  1895. 
Meyer,  E.,  Geschichte  des  Altertums,  II,  V.     Stuttgart  and  Berlin, 

1893,  1902. 
Wissowa,  Religion  u.  Kultus  d.  Romer.     Munich,  1902. 
Pais,  Ancient  Italy.     Chicago,  1908. 

Modestov,  Introduction  a  I'histoire  romaine.     St.  Petersburg,  1902. 
Comparetti,  Iscrizione  arcaica  del  Foro  romano  edita  ed  illustrata. 

Rome,  1900. 
Peter,  Historicorum  Romanorum  reliquiae,  2  vols.     Leipzig,  1870, 

1906. 

'  See  also  Ja/tres6eric/it  iiber  die  Fortschritte  der  classischen  A  Iterihumstvissen- 
scha/t,  Bd.  cxiv  (1903),  pp.  1-25,  188-217;  Bd.  cxxvii  (1905),  pp.  257-368;  Musee 
Beige,  vii,  pp.  420-465 ;  viii,  pp.  194-270. 


Part  II  —  Republican  Period 


SECTION    I  — HISTORICAL 

CHAPTER   III 

THE  PATRICIAN   CITY 

24.  Credibility  of  Early  Republican  History.  The  tra- 
ditional story  of  the  kings  is  in  large  measure  a  transparent 
fiction.  After  the  establishment  of  the  republic  the  narra- 
tive descends  into  the  realm  of  the  possible  and  credible, 
but  we  should  be  mistaken  in  accepting  the  early  part  of  it 
as  trustworthy.  Both  the  external  and  the  internal  evidence 
show  it  to  be  otherwdse.  For  the  first  century  or  more  of 
the  republic  contemporary  records  are  completely  lacking. 
Everything  of  the  sort  must  have  been  lost  when  the  city 
was  taken  by  the  Gauls  in  390.  Then,  too,  an  examination 
of  the  history  of  the  early  period,  which  ancient  writers 
have  left  us,  reveals  the  fact  that  truth  and  fiction  are  con- 
stantly interwoven,  and  that  the  greater  part  of  the  account 
is  the  production  of  a  later  date.  The  meager  records 
which  religious  and  political  officials  made  in  the  fourth 
century  B.C.,  relying  on  tradition,  were  supplemented,  as 
time  went  on,  by  traditional  tales  of  popular  military  heroes 
and  political  leaders,  and  successive  generations  of  \vriters 
sought  to  remove  inconsistencies,  to  suggest  explanations, 
and  to  embellish  the  narrative    by  the    use   of  rhetorical 

24 


THE    PATRICIAN    CITY  2$ 

devices,  as  they  did  in  the  case  of  the  regal  history.  How- 
ever, the  constitutional  struggle  which  is  under  way  when 
more  trustworthy  history  begins  is  only  a  continuation  of 
that  of  the  first  century  of  the  republic,  and  from  our  knowl- 
edge of  its  nature,  and  of  the  forces  at  work,  we  can  make 
fairly  safe  inferences  concerning  similar  movements  of  the 
early  period,  and  in  this  way  test  the  truth  of  the  traditional 
account.  In  a  like  manner  the  character  of  certain  politi- 
cal institutions  in  the  historical  period,  and  the  line  which 
they  take  in  their  development,  enable  us  to  determine 
their  early  form  with  considerable  probability.  In  this  way 
the  main  features  of  the  constitutional  history  of  the  early 
republic  can  be  made  out. 

25.  The  Chief  Magistracy.  Tradition  is  probably  right 
in  making  the  transition  from  the  monarchy  to  the  repub- 
lic a  sudden  one,  —  the  outcome  of  a  revolution.  The 
most  important  result  of  this  revolution  consisted  in  the 
changes  which  the  chief  magistracy  underwent.  In  place 
of  the  rex,  who  under  the  old  regal  constitution  was  the 
choice  of  the  patres,  and  held  office  for  life,  two  chief 
executives,  called  praetores,  or  leaders,  were  chosen  annually 
by  the  whole  body  of  citizens.  Two  of  the  three  changes 
just  mentioned  in  the  position  of  the  chief  magistracy  are 
of  immediate  importance,  while  'the  third  is  of  future  sig- 
nificance. A  chief  executive  who  holds  office  for  a  limited 
period  only  can  be  held  accountable  for  his  conduct  at  the 
close  of  his  term  of  office.  Furthermore,  the  participation 
of  a  colleague  in  the  exercise  of  supreme  power  will  tend 
to  prevent  a  magistrate  from  becoming  autocratic.  These 
are  the  two  principal  points  in  which  the  position  of  the 
praetor,  or,  to  give  him  his  later  title,  the  consul,  differed 
from  that  of  the  king.  The  change  in  the  method  of 
choice  was  of  less  importance  at  first,  since,  as  we  shall 


26  REPUBLICAN    PERIOD:    HISTORICAL 

shortly  find,  the  popular  assembly,  in  which  the  consul 
was  chosen,  was  controlled  by  the  patricians,  just  as  was 
the  senate,  which  had  practically  chosen  the  king.  The 
consul  was  invested  with  the  imperium,  as  the  king  had 
been,  and  the  strictly  political  power  of  the  new  magis- 
trate was  identical  with  that  of  the  old  one.  If  the  expe- 
rience of  the  Roman  people  were  not  a  matter  of  history, 
the  practicability  of  a  system  of  government,  in  which  the 
supreme  power  was  placed  in  the  hands  of  two  magistrates, 
elected  for  the  same  term  of  office,  and  could  be  exercised 
by  each  of  them  at  any  moment,  might  well  be  questioned 
by  any  one.  However,  the  system  did  prove  a  workable 
one,  although  the  Romans  found  it  wise  a  few  years  after 
the  founding  of  the  republic  to  modify  it  slightly  by  estab- 
lishing the  dictatorship.  The  incumbent  of  this  office,  who 
was  to  be  appointed  at  moments  of  great  danger,  had  no 
colleague.  We  have  said  that  the  full  political  power  of 
the  king  descended  to  the  consul.  The  new  chief  magis- 
trate lost  some  of  the  religious  functions  of  the  old  one. 
Such  religious  duties  as  were  not  necessary  preliminaries  to 
political  action  were  assigned  to  the  pontiffs  and  to  a  new 
priest,  the  rex  sacrorum. 

26.  The  Senate.  The  position  of  the  senate  was  essen- 
tially unchanged,  but  its  composition  underwent  a  change. 
A  certain  number  of  plebeians  were  admitted  to  member- 
ship in  it.  The  plebeian  senators,  called  conscripti,  could, 
however,  take  no  part  in  passing  the  auctoritas  patrum,  or 
in  choosing  an  iiiterrex.  These  duties  were  always  the 
prerogative  of  the  patrician  senators. 

27.  The  People.  The  centuriate  comitia  was  at  the 
outset  a  military  organization  solely,  and  it  was  slow  in 
acquiring  political  functions,  but  the  growth  was  a  natural 
one.     In  fact,  it  was  inevitable  that  in  matters  touching  the 


THE   PATRICIAN   CITY  27 

safety  and  general  welfare  of  the  community,  or  the  life  of 
individual  citizens,  an  exclusive  body  like  the  curiate  comitia 
should  give  way  before  an  organization  made  up  of  all  the 
fighting  men  of  the  state.  It  would  be  absurd,  in  fact,  to 
expect  the  plebeians  to  serve  faithfully  under  a  leader 
whom  they  had  had  no  part  in  choosing,  or  to  fight  in 
a  war  which  had  been  declared  without  consulting  them. 
Under  these  influences  the  centuriate  assembly  gradually 
acquired  a  large  share  of  the  political  fimctions  which 
under  the  monarchy  had  been  exercised  by  the  curiate 
comitia.  In  it  magistrates  were  elected,  appeals  were  heard, 
and  measures  affecting  the  whole  community,  excepting  the 
lex  de  impcrio,  were  considered  and  acted  on.  Another 
factor  contributed  to  its  political  importance.  Under  the 
monarchy,  as  we  have  already  noticed  (p.  i6),  an  appeal 
to  the  people  in  a  case  of  life  and  death  could  be  had  only 
with  the  consent  of  the  king.  By  the  lex  Valeria  (Cic. 
de  Re  Publ.  II.  53),  which  tradition  assigns  to  the  year 
509,  the  right  to  an  appeal  to  the  comitia  centuriata  was 
granted  to  all  citizens,  plebeians  as  well  as  patricians.  This 
action  undoubtedly  made  frequent  meetings  of  that  body 
necessary.  The  eighteen  centuries  of  knights  acting  with 
the  eighty  centuries  of  the  first  class  constituted  a  majority, 
and,  since  most  of  the  rich  landholders  were  probably  patri- 
cians, the  body  had  a  pronounced  aristocratic  character. 
For  this  reason  the  action  of  the  centuriate  comitia  in  elect- 
ing magistrates,  in  passing  laws,  and  in  deciding  appeals 
was  of  no  great  immediate  value  to  the  plebs,  but  the 
time  was  Hkely  to  come  when  the  plebeians  could  exert  a 
controlling  influence  through  an  increase  in  the  number 
of  rich  plebeian  landholders.  The  organization,  but  not 
the  character,  of  the  cotnitia  centtiriata  was  affected  by 
the  formation  of  seventeen  tribus  rusticae,  which  tradition 


28  REPUBLICAN    PERIOD:    HISTORICAL 

assigns  to  the  period  immediately  after  the  expulsion  of 
the  kings. 

The  king  had  held  his  position  for  life.  Class  preju- 
dice, therefore,  would  not  count  for  much  in  his  case. 
His  interests  also  lay  in  conciliating  the  plebeians.  The 
consul,  who  was  chosen  from  the  ranks  of  the  patricians, 
held  office  for  a  year  only,  and  then  returned  to  their 
number.  Consequently  his  action  must  have  been  largely 
influenced  by  prejudice  in  favor  of  the  patricians.  We 
are  not  surprised,  therefore,  that  the  plebeians  found  their 
position  intolerable  under  the  new  chief  magistrates.  The 
condition  of  foreign  affairs,  however,  helped  them  to  wrest 
from  the  aristocracy  some  protection  against  the  patrician 
consuls.  In  494,  when  Rome  was  engaged  in  a  fierce 
struggle  with  the  Aequi  and  Volsci,  the  plebeian  soldiers 
refused  to  march  against  the  enemy,  and  took  up  their 
position  on  a  hill  a  few  miles  from  the  city.  The  patri- 
cians proposed  a  compromise  at  once,  and  the  plebeians 
returned  to  their  duties  on  condition  that  they  should  be 
allowed  to  elect  annual  officials,  perhaps  five  in  number, 
with  sufficient  power  to  protect  them  against  the  auto- 
cratic action  of  the  consuls.  The  new  officials  took  their 
title  of  tribuni  pkbis  from  the  plebeian  tribuni  militum 
whom  the  people  had  chosen  as  their  leaders  in  the  seces- 
sion. We  do  not  know  how  the  tribunes  were  chosen  at 
the  outset,  but  probably  the  plebeians  were  divided  into 
curiae,  and  the  new  officials  were  elected  in  a  loosely 
organized  plebeian  curiate  assembly.  They  were  to  be 
assisted  in  the  performance  of  their  duties  by  tvvo  aediles 
pkbei.  From  this  time  forth  the  plebeians  had  political 
leaders  of  their  own,  and  the  great  struggle  between  the 
orders  begins  with  their  aj^pearance,  although  important 
political  results  cannot  be  seen   for  a  generation  or  two. 


THE    PATRICIAN   CITY  29 

28.  Improvement  in  the  Organization  of  the  Plebeians. 

For  a  period  of  fifty  years  this  struggle  centers  succes- 
sively about  three  points.  These  three  points  were  :  the 
improvement  of  the  plebeian  organization,  the  more  equi- 
table division  of  the  ager  publicus,  and  the  codification 
and  publication  of  the  customary  law.  At  the  outset,  z.z 
has  been  stated  above,  the  tribunes  were  apparently  elected 
in  a  plebeian  curiate  assembly  roughly  modeled  after  the 
patrician  comitia  curiata.  To  this  body  all  those  outside  of 
the  old  gentes  who  were  not  slaves  were  probably  admitted. 
In  this  organization  the  patricians  may  well  have  exerted 
a  strong  influence  through  their  clientes.  To  eliminate 
this  influence,  in  471,  in  accordance  with  a  law  incor- 
rectly attributed  by  tradition  to  Volero  Publilius,  the  ple- 
beians were  organized  on  the  tribal  basis,  and  the  election 
of  tribunes  was  turned  over  to  the  newly  constituted  ple- 
beian tribal  assembly,  and  to  this  organization  probably 
plebeian  landowners  only  were  admitted. 

29.  Agrarian  Agitation.  Under  the  monarchy  the  dis- 
posal of  land  gained  in  war  was  left  to  |he  king  (p.  15). 
His  fairly  impartial  attitude  towards  all  classes  would  lead 
him  to  make  arrangements  at  least  tolerable  for  the  ple- 
beians. But  the  patrician  senate  and  consul  inherited  the 
king's  power  in  this  matter,  and  the  plebeians  gained  little 
from  the  new  territory  which  their  own  valor  had  helped 
to  secure.  They  suffered  not  only  financially,  but  also 
politically,  from  this  state  of  things.  Membership  in  the 
classes,  on  which  the  centuriate  organization  was  based, 
depended  on  the  ownership  of  land.  Now,  if  no  new 
land  was  thrown  open  to  the  plebeians,  as  they  increased 
in  number  from  generation  to  generation,  the  average  hold- 
ings of  each  one  of  them  would  decrease,  and  plebeians 
would  drop  into  lower  classes,  or  become  landless.     This 


30  REPUBLICAN    PERIOD:    HISTORICAL 

was  the  state  of  things  which  led  Spurius  Cassius,  himself 
a  patrician,  to  advocate  the  assignment  of  certain  con- 
quered territory  to  the  plebeians.  His  proposition,  which 
tradition  assigns  to  the  year  486,  brought  no  immediate 
results,  but,  as  Livy  notices  (II.  41.3),  it  marks  the  begin- 
ning of  an  agrarian  agitation  which  went  on  to  the  close 
of  the  republican  period,  the  first  milestone  of  which  was 
the  lex  Icilia,  so  called  (Liv.  III.  31.  i),  of  456,  which 
provided  for  the  division  among  the  plebeians  of  the  ager 
publicHS  on  the  Aventine. 

30.  The  Decemvirate.  The  third  great  achievement  of 
the  plebs  during  the  i)eriod  under  consideration,  the  pub- 
lication of  the  laws  of  the  twelve  tables,  was  the  result  of 
a  long  and  bitter  struggle.  The  first  proposition  looking 
to  this  end  is  said  (Liv.  III.  9.  5)  to  have  been  made  by 
the  tribune  C.  Terentilius  Harsa  in  462,  and  in  451  a  com- 
promise between  the  two  parties  was  arranged,  to  the  elTect 
that  the  consuls  and  tribunes  should  alike  give  place  to  a 
commission  of  ten  men  {ilecemviri  legibics  scribundis),  who 
should  not  only  exercise  the  functions  of  chief  magistrates, 
but  should  be  empowered  to  publish  a  code  of  laws  bind- 
ing on  the  whole  community.  The  commission  of  the  first 
year  drew  up  ten  tables,  but  left  their  task  unfinished  at 
the  end  of  their  term  of  office.  The  commission  of  the 
second  year,  so  the  story  goes,  took  up  the  work  where 
its  predecessor  had  left  off,  but  its  conduct  was  so  over- 
bearing that  the  plebeians  wthdrew  to  the  Aventine,  and 
the  decemvirs  were  forced  out  of  office.  The  real  course 
of  events  cannot  be  determined  with  certainty,  but  the 
appearance  of  plebeian  names  in  the  list  of  decemvirs  for 
the  second  year  makes  it  probable  that  a  part  of  the  second 
commission  was  ])lel)eian,  that  certain  changes  were  pro- 
posed  which   the   patricians   would    not  accept,  and   that 


THE    PATRICIAN   CITY  3 1 

they  drove  the  commission  out  of  office.  The  withdrawal 
of  the  plebeians  may  be  accounted  for  by  their  anger  at 
the  course  which  the  patricians  took,  or  by  the  fact  that 
after  the  overthrow  of  the  decemvirs  they  were  left  with- 
out any  adequate  protection,  since  the  tribunate  had  been 
suspended  or  abolished.  It  is  worth  noticing  incidentally 
that  if  this  explanation  of  the  matter  is  correct,  the  decem- 
virate  was  the  first  important  magistracy  to  which  pie- 
beians  were  admitted.  Whatever  the  truth  of  the  whole 
matter  may  have  been,  we  know  that  the  plebs  demanded 
and  secured,  as  the  price  of  their  return,  the  restoration 
of  the  tribunate,  and  the  concession  of  certain  rights  which 
the  conservative  leaders  Valerius  and  Horatius  secured  for 
them.  Livy  characterizes  the  body  of  laws  which  the 
decemvirs  prepared  as  fons  omnis  publici  privatique  iuris. 
In  point  of  fact,  however,  the  primary  importance  of  the 
whole  incident  lay  in  the  publication  of  the  method  of 
procedure  to  be  adopted,  especially  in  civil  cases.  The 
only  laws  of  constitutional  importance  which  the  code 
seems  to  have  contained  were  those  forbidding  privilegia, 
granting  the  right  of  appeal  in  case  of  a  heavy  fine  (prob- 
ably a  reaffirmation  of  the  lex  Aternia  Tarpeia  and  the  lex 
Menenia  Sestia  of  454  and  452  respectively),  giving  to  the 
comitia  cetituriata  the  sole  right  of  passing  sentence  in 
capital  cases,  and  providing  that  a  measure  adopted  by  the 
populus  nullified  all  earlier  constitutional  or  legal  provisions 
in  conflict  with  it. 

31.  The  Leges  Valeriae  Horatiae.  The  patricians  carried 
out  faithfully  the  promises  which  had  been  made  in  their 
behalf.  In  449  the  consuls  Valerius  and  Horatius  secured 
the  passage  of  a  law  guaranteeing  to  citizens  the  right  of 
appeal  in  cases  of  hfe  and  death.  This  enactment  was  in 
a  way  a  repetition  of  the  lex   Valeria  and  of  one  of  the 


32  REPUBLICAN    PERIOD:    HISTORICAL 

provisions  of  the  twelve  tables,  but  the  suspension  of  the 
right  of  appeal  during  the  existence  of  the  decemvirate 
justified  the  repetition.  The  dictatorship  must  have  been 
exempted  from  the  action  of  this  law.  Another  law  of  the 
same  year  established  the  tribunate  on  a  surer  basis  than 
ever.  A  still  more  important  piece  of  legislation,  whose 
passage  Valerius  and  Horatius  secured,  was  an  enactment 
with  reference  to  the  validity  of  plebiscita.  Livy  summa- 
rizes (III.  55.  3)  its  contents  in  this  wise  :  quod  tributim 
plebes  iiississet  populwn  teneret.  It  is  impossible,  however, 
that  the  unsupported  action  of  the  plebeian  tribal  assembly 
should  have  been  binding  on  the  whole  people.  The  fact 
that  it  was  necessary  to  secure  the  approval  of  the  senate 
in  the  case  of  the  Licinian  laws  in  367  (Liv.  VI.  42.  9) 
points  to  the  probability  that,  after  the  passage  of  the  leges 
Valeriae  Horatiae,  the  action  of  the  plebeian  tribal  assembly 
acquired  the  force  of  law,  in  case  the  auctoritas  patrum 
was  secured.  The  constitutional  importance  of  this  \'alerio- 
Horatian  measure  lies  in  the  fact  that  it  gave  to  the  tribune, 
the  plebeian  leader,  the  right  to  initiate  legislation,  and  to 
plebeian  political  aspirations  the  strength  which  came  to 
them  through  their  formulation  by  a  legally  recognized  legis- 
lative assembly.  It  will  be  seen  that  this  action  involves  a 
complete  change  in  the  nature  of  the  tribunate.  It  gives 
a  positive  character  to  it  for  the  first  time.  The  impor- 
tance of  the  negative  functions  of  that  office  also  was  aug- 
mented shortly  before  the  estabUshment  of  the  decemvirate 
by  the  increase  of  the  number  of  tribunes  to  ten.  This 
increase  made  it  possible  for  them  to  extend  their  protec- 
tive power  over  a  greater  number  of  plebeians.  The  great 
constitutional  gains  which  the  plebeians  made  during  the 
period  under  consideration,  from  the  first  to  the  second 
secession,  bear  a  close  relation  to  the  fact  that  Rome  was 


THE   PATRICIAN   CITY  33 

harassed  during  this  whole  time  by  fierce  raids  on  the  part 
of  the  Sabines,  the  Aequi,  and  the  Volsci.  The  patrician 
state  needed  the  support  of  the  plebeians,  and  that  could 
be  had  only  in  return  for  certain  political  concessions.  The 
stress  of  these  wars  also  led  Rome  and  the  neighboring 
peoples  of  the  Latins  and  Hernici  to  form  a  league  at  the 
beginning  of  the  fifth  century  which  continued  in  force 
to  340. 

32.  The  Comitia  Tributa.  It  will  be  remembered  that 
in  the  regal  period  the  king  was  assisted  in  the  collection 
of  evidence  by  the  quaestores  parricidii.  The  power  of 
appointing  these  officials,  which  the  king  had  enjoyed,  de- 
scended to  the  consul  and  was  exercised  by  him  up  to  the 
year  447,  when,  as  Tacitus  tells  us  {Ann.  XI.  22),  they 
were  for  the  first  time  elected  by  the  people.  This  change 
was  in  itself  a  direct  gain  for  the  plebeians,  but  the  method 
by  which  the  quaestors  were  elected  suggests  a  far  more 
important  indirect  advantage  to  the  plebeians.  The  juris- 
diction of  the  quaestors  extended  over  patricians  as  well  as 
plebeians,  and  the  only  definite  reference  which  we  have  to 
the  method  of  electing  them  (Cic.  ad  Fani.  VII.  30.  i)  in- 
dicates that  they  were  chosen  in  a  tribal  assembly  presided 
over  by  a  magistrate.  We  must  consequently  infer  that 
patricians  as  well  as  plebeians  took  part  in  the  election. 
From  447  on,  then,  there  are  two  tribal  assemblies,  —  one 
an  assembly  of  the  populus  under  the  chairmanship  of  a 
magistrate,  and  therefore  properly  called  the  comitia  tri- 
buta, the  other  an  assembly  of  the  plebs  presided  over  by 
a  tribune,  to  which  Latin  writers  now  and  then  refer  as  the 
concilium  plebis. 

33.  The  Lex  Canuleia.  A  great  social  change  which  led 
to  important  poHtical  results  was  effected  at  about  the 
same  time,  to  be  exact  in  445,  by  the  passage  of  the  lex 


34  REPUBLICAN    PERIOD:    HISTORICAL 

Canuleia  de  conubio,  which  recognized  co7iubiutn  between 
patricians  and  plebeians.  Mixed  marriages  between  patri- 
cians and  plebeians  had  never  been  considered  strictly  illegal, 
but  the  sons  of  a  patrician  who  took  a  plebeian  woman  in 
marriage  lost  the  patriciate  by  virtue  of  that  fact.  The 
passage  of  this  law  or  plebiscite  was  therefore,  in  a  way,  to 
the  advantage  of  the  patricians.  Indirectly  it  furthered  the 
cause  of  the  plebeians  and  benefited  the  whole  community. 
It  was  to  the  advantage  of  the  entire  state,  because  it  served 
to  unify  the  interests  of  its  citizens.  It  helped  the  ple- 
beians, since  through  it  inlluential  patricians  were  some- 
times led  by  kinship  to  supj)ort  plebeian  leaders  at  critical 
moments.  This  was  notably  true  in  the  case  of  Licinius  in 
the  year  367. 

34.  Agitation  for  the  Consulship.  The  great  majority  of 
the  measures  whose  passage  the  plebeians  had  secured  since 
509  had  for  their  avowed  object  the  restriction  of  the  con- 
sul's power.  The  plebeians  now  felt  themselves  in  a  posi- 
tion to  make  a  direct  assault  on  the  patrician  stronghold  by 
demanding  a  representative  in  the  consulship.  A  propo- 
sition embodying  this  demand  was  made  by  the  tribune 
Canuleius  in  445.  The  patricians  could  not  be  forced  to 
yield  the  point  in  question,  l)ut  they  granted  a  compromise 
by  providing  that  each  year  it  should  be  decided  whether 
the  chief  magistrates  should  be  consuls  or  tribuni  militarcs 
consulari  -potestate.  The  tribuni  viilitiim  alternated  in  com- 
mand of  the  legion,  and  since  the  office  was  open  to  ple- 
beians as  well  as  to  patricians,  the  demands  of  the  plebeians 
were  nominally  recognized.  In  point  of  fact  the  concession 
was  intended  to  be,  and  was  in  large  measure,  a  nominal 
one.  The  patricians  hoped  to  save  the  consulshij)  by  sub- 
stituting the  consular  tribunate  tcmj)orarilv  in  its  stead,  with 
the  intention  of  restoring  the  consulship  when  they  found 


THE    PATRICIAN   CITY  35 

themselves  strong  enough  to  do  so.  In  the  interval  they 
felt  that  they  had  secured  themselves  by  a  number  of  safe- 
guards. It  was,  for  instance,  within  the  power  of  the  senate 
to  decide  each  year  whether  the  chief  magistrates  should 
be  consuls  or  consular  tribunes ;  the  election  of  consular 
tribunes  by  the  comitia  ceiituriata  required  the  ratification 
of  the  patrician  senators,  and  finally,  since  the  number  of 
these  officials  was  not  fixed,  it  was  probably  possible  in 
some  cases  to  reject  successful  plebeian  candidates  on  the 
ground  of  unfavorable  auspices,  or  for  similar  technical 
reasons.  These  legal  restrictions,  combined  with  the  supe- 
rior political  ability  of  the  patricians  and  the  prestige 
which  their  social  position  gave  them,  enabled  them  to 
exclude  the  plebeians  entirely  from  the  office  up  to  400, 
and  after  that  date  the  number  of  plebeian  successes  was 
small. 

35.  Economic  Difficulties.  The  political  situation,  which 
was  already  serious,  in  consequence  of  the  repeated  disap- 
pointments of  the  plebeians,  was  still  further  complicated 
by  the  development  of  an  agrarian  difficulty.  We  have 
already  had  occasion  to  notice  (p.  29)  the  unfair  treatment 
in  the  division  of  land  to  which  the  plebeians  were  subject, 
and  the  economical  and  political  hardships  which  resulted 
from  it.  The  difficulty  steadily  grew  in  seriousness.  In 
the  first  third  of  the  fourth  century  b.c.  there  was  an  almost 
unbroken  series  of  wars  with  the  Aequi,  the  Volsci,  the 
Latins,  and  the  people  of  Veil.  During  these  long  cam- 
paigns patrician  estates  could  be  cultivated  by  dependents, 
but  the  returns  from  the  little  holdings  of  the  poor  ple- 
beian grew  smaller  and  smaller,  and  the  land  itself  steadily 
deteriorated  in  value.  Undoubtedly,  also,  the  peasant  pro- 
prietor was  finding  it  more  and  more  difficult  to  compete 
with  the  owner  of  large  estates. 


36  REPUBLICAN    PERIOD:    HISTORICAL 

36.  The  Leges  Liciniae  Sextiae.  This  was  the  political 
and  economic  condition  of  the  plebs  which  the  two  trib- 
unes of  the  year  377,  C.  Licinius  Stolo  and  L,  Sextius, 
endeavored  to  relieve.  They  accomplished  their  object  in 
367,  after  ten  years  of  agitation,  by  securing  the  passage 
of  a  lex  satura,  or  law  covering  the  various  matters  in  dis- 
pute. The  contents  of  the  law  are  somewhat  in  doubt, 
but,  if  we  may  follow  Livy  and  Appian,  it  included  the  fol- 
lowing points  :  (i)  restoration  of  the  consulship,  with  the 
provision  that  one  of  the  two  consuls  should  always  be  a 
plebeian ;  (2)  a  provision  forbidding  an  individual  to  occupy 
more  than  five  hundred  acres  of  arable  land  belonging  to 
the  state,  and  to  pasture  more  than  one  hundred  head  of 
cattle  and  five  hundred  sheep  on  the  common  pasture  land  ; 
(3)  an  article  fixing  the  proportional  number  of  free  laborers 
and  slaves  to  be  employed  on  any  estate  ;  (4)  a  clause 
providing  that  interest  already  paid  on  debts  should  be 
deducted  from  the  principal,  and  that  three  years  should 
be  allowed  for  the  payment  of  the  rest;  (5)  a  provision 
that  the  number  of  priests  in  charge  of  the  Sibylline 
books  should  be  increased  to  ten,  and  that  five  of  these 
should  be  plebeians. 

37.  Results  of  the  Struggle.  The  first  point  in  these 
laws  marks  the  beginning  of  the  end  of  the  patricio-ple- 
beian  struggle.  The  other  important  magistracies  to  which 
plebeians  had  been  eligible,  viz.,  the  decemvirate  and  the 
consular  tribunate,  were  of  a  temporary  character,  and, 
as  we  have  seen,  the  patricians  had  easily  thwarted  their 
efforts  to  attain  them.  From  this  time  on,  one  of  the 
incumbents  of  a  regular  magistracy  must  be  a  plebeian, 
and  admission  to  the  consulship  foreshadowed  admission 
to  the  other  offices  also.  The  law  was  observed  in  the  fol- 
lowing year  by  the  election  of  L.  Sextius  to  the  consulship. 


THE   PATRICIAN    CITY  37 

The  second  law  differs  from  the  lex  Icilia  (p.  30),  and 
from  many  agrarian  laws  of  a  later  date,  in  being  an 
automatic  principle  of  a  general  character,  rather  than  a 
measure  for  a  specific  case.  The  third  provision  was  evi- 
dently the  result  of  an  effort  to  check  the  growth  of  an 
evil  which  ultimately  drove  peasant  proprietors  and  free 
laborers  out  of  the  country  districts,  and  transformed  Italy 
into  a  land  of  large  estates  worked  by  slaves.  The  fourth 
measure  is  a  forerunner  of  the  socialistic  legislation  of  the 
next  century,  and  foreshadows  a  re-division  of  the  people 
into  rich  and  poor,  as  soon  as  political  equality  has  been 
secured.  The  political  significance  of  the  last  provision 
lies  in  the  fact  that  it  made  a  breach  in  the  integrity  of 
the  aristocratic  religious  system.  The  plebeians  might 
hope  soon  to  gain  admission  to  the  offices  of  augur  and 
pontiff,  and  thus  wrest  from  the  patricians  one  of  their  most 
effective  defensive  weapons,  the  taking  of  the  auspices, 

38.  The  Establishment  of  the  Offices  of  Censor,  Praetor, 
and  Aedile.  The  civil  duties  of  the  chief  magistracy  were 
increasing  so  rapidly  in  consequence  of  the  growth  of  the 
city  that  they  could  no  longer  be  satisfactorily  performed 
by  the  two  consuls.  The  difficulty  of  the  situation  was 
increased  by  the  frequent  absence  of  the  consuls  from  the 
city  in  the  performance  of  their  miUtary  duties.  This 
state  of  things  led  to  the  establishment  of  the  censorship 
in  443  (or  possibly  in  435),  and  of  the  praetorship  in  366. 
A  secondary  motive  for  the  establishment  of  the  praetor- 
ship may  be  found  in  the  desire  of  the  patricians  to  keep 
in  their  own  hands  some  of  the  powers  of  the  chief  magis- 
tracy, for  at  the  outset  patricians  only  were  eligible  to  the 
office  of  praetor.  The  establishment  in  366  of  the  curule 
aedileship,  to  which  plebeians  were  not  eligible,  was  also 
perhaps  a  part  of  the  bargain  on  the  basis  of  which  the 


38  REPUBLICAN    PERIOD:    HISTORICAL 

patricians  allowed  the  passage  of  the  Licinian  laws  of  the 
year  before. 

39.  The  Senate  and  the  Tribune.  The  relations  which 
the  senate  bore  to  the  tribune  and  to  the  magistrates 
underwent  an  interesting  change  in  the  period  under  con- 
sideration, from  445  to  367.  The  original  function  of  the 
tribune  was  to  protect  citizens  against  the  magistrate  by 
personal  interference  in  specific  cases.  The  increase  of 
the  number  of  tribunes  to  ten,  in  the  middle  of  the  fifth 
century,  and  the  bitterness  of  the  long  struggle  which  the 
plebeians  made  for  the  consulship,  led  to  a  continual  clash- 
ing between  the  tribunes  and  the  magistrates  executing 
the  decrees  of  the  senate,  and  in  many  cases  the  working 
of  the  governmental  machinery  was  completely  suspended. 
It  was  felt,  therefore,  that  it  would  be  far  better  to  get  the 
opinion  of  the  tribunes  with  reference  to  a  bill  under  con- 
sideration in  the  senate,  before  action  was  taken  on  it. 
With  this  purpose  in  mind  they  were  given  seats  in  the 
senate,  and  were  allowed  to  interpose  their  objections 
formally  at  any  point  in  the  proceedings.  At  least  no 
better  explanation  can  be  suggested  for  the  new  role 
which  the  tribunes  play  in  the  deliberations  of  the  senate 
in  this  period. 

40.  The  Senate  and  the  Magistracy.  On  the  other  hand, 
the  senate  gained  in  power  at  the  expense  of  the  chief 
magistrate,  and  perhaps  at  this  time  it  took  the  first  step 
toward  gaining  that  controlling  influence  in  the  state  which 
it  exercised  a  century  or  more  later.  The  explanation  of 
the  change  lies  partly  in  the  fact  that  it  rested  with  the 
senate  each  year  to  decide  whether  the  chief  magistrates 
should  be  consuls  or  tribunes  with  consular  power.  This 
fact  in  a  way  made  the  chief  magistracy  dependent  on 
that  body. 


THE    PATRICIAN    CITY  39 

41.  Foreign  Affairs.  In  foreign  affairs  the  period  of  the 
consular  tribunate  is  one  of  conquest.  Rome's  territory 
was  extended,  and  her  influence  over  her  neighbors  was 
greatly  strengthened.  These  successes  were  due  partly 
to  the  rapid  growth  of  Rome  and  to  the  improvement  in 
her  domestic  policy,  partly  to  the  weakening  of  her  enemies 
and  rivals.  The  brilliant  victories  of  M.  Camillus  over  the 
Volsci  and  Aequi  in  389,  followed  by  successes  in  subse- 
quent years,  broke  the  power  of  both  peoples,  who  were 
already  hard  pressed  by  the  inroads  of  the  SabeUians. 
Paradoxical  as  it  may  seem,  even  the  invasion  of  the 
Kelts,  which  led  to  the  capture  of  Rome  in  390  (or 
387?),  was  of  permanent  advantage  to  the  city.  The 
losses  which  Etruria  suffered  from  the  Kelts,  following 
closely,  as  they  did,  on  the  fall  of  Veil  in  396,  made  it 
easy  for  Rome  to  extend  her  control  over  southern  Etruria. 
Rome's  old  allies,  the  Latins  and  Hernici,  became  jealous 
of  her  growing  power,  and,  availing  themselves  of  the  con- 
fusion which  followed  the  Keltic  invasion,  Praeneste,  Tibur, 
and  other  neighboring  communities  took  up  arms  against 
her.  They  were  quickly  conquered,  and  in  the  new  treaty, 
which  was  made  in  358  between  the  Latin  communities 
and  Rome,  the  former  probably  lost  their  position  as  co- 
equal members  of  the  confederacy.  These  successful  wars 
had  a  direct  and  an  indirect  effect  on  internal  politics  in 
many  ways.  Among  the  direct  effects  were  the  establish- 
ment of  four  new  tribes,  —  the  Stellatina,  Tromentina,  Saba- 
tina,  and  Arnensis  in  387  in  southern  Etruria,  —  and,  to 
pass  for  a  moment  beyond  the  period  we  are  considering, 
the  addition  of  two  new  tribes,  the  Publilia  and  Pomptina, 
in  Volscian  territory. 


40  REPUBLICAN    PERIOD:    HISTORICAL 


Selections  from  the  Sources 

The  consulship:  Liv.  I.  60.  4;  II.  i  ;  III.  55.  12;  Cic.  de  Re 
Fubl.  II.  56;  de  Legg.  III.  8.  —  Lex  Valeria  de  provocatione :  Cic. 
de  Re  Publ.  II.  53. — The  dictatorship:  Liv.  II.  18;  Cic.  de  Re 
Fubl.  II.  56.  —  The  first  secession:  Liv.  II.  32-3. — The  tribune: 
Liv.  II.  33.  1-3; -11.  34-5;  II.  58.  1  ;  III.  20.  7;  III.  30.  7;  Cic.  de 
Re  Publ.  II.  57-9  ;  de  Legg.  III.  9;  III.  16-26;  Dionysius,  VI.  89; 
IX.  41.  — The  concilia  plebis  :  Liv.  II.  56-7  ;  II.  60.  4-5  ;  Dionysius, 

IX.  41-9.  —  The  decemvirate :  Liv.  III.  33-59;  Cic.  de  Re  Publ. 
II.  61-3;  Dionysius,  X.  55-61;  XL  1-46.  —  Leges  ValeriaeHoratiae: 
Liv.  III.  55  ;  Dionysius,  XL  45.  —  (Patricio-plebeian)  comitia  tributa : 
Liv.  IV.  44.  2;  Cic.  ad  Fam.  VII.  30.  i;  Tac.  Ann.  XL  22. — 
The  consular  tribunate:  Liv.  IV.  i.  2;  IV.  6.  8 ;  V.  12.  8-12. — 
Lex  Canuleia:  Liv.  IV.  i.  i;  IV.  6.  3.  —  The  censorship:  Liv.  IV. 
8.  2-7. — Fall  of  Veil:  Liv.  V.   19-22.  —  The   Keltic  invasion:  Liv. 

V.  34-49. —  The  Volsci  and  Aequi:  Liv.  VI.  2;  VI.  32.  —  The  leges 
Liciniae  Sextiae  :   Liv.  VI.  35.  4-5  ;  Appian,  B.  C.  I.  8;  Liv.  X.  13.  14  ; 

X.  23.  13.  —  The  praetorship:  Liv.  VI.  42.  ii;  VII.  i.  1-2. — The 
curule  aedileship:   Liv.   VI.  42.   12-14.  —  The  Sibylline  books:    Liv. 

VI.  42.  2. 

Criticism  of  the  Sources  ' 

Brocker,    Untersuchungen    iiber    die    Glaubwiirdigkeit    der    altro- 

mischen  Geschichte.     Basel,  1S62. 
E.  Herzog,  Ueber  die  Glaubwiirdigkeit  d.  aus  d.  rom.  Republik  bis 

zum  Jahre  3S7  d.  St.  iiberlieferten  Gesetze.     Tubingen,  1S81. 
Niese,  Gnindriss  d.  rom.  Geschichte  (pp.  7-11).     Munich,  1897. 
Pais,  Storia  di  Roma,  Vol.  I,  Pt.  II.     Turin,  1899. 
C.  Peter,  Zur  Kritik  d.  Quellen  d.  alteren  rom.  Geschichte.     Halle, 

1879. 
Soltau,    Livius'    Geschichtswerk    (pp.    156-184,    and    bibliography, 

pp.  9-14)-     Deipzig,  1897. 
Thouret,  Ueber  d.  gallischen    Brand  in    l-leckeisens  Jahrb.   Suppl. 

(N.F.),   XL  95-188. 
Virck,  Die  Quellen  d.  Livius  u.  Dionysius  fiir  d.  iilteste  Geschichte 

d.  rom.  Republik.     Strassburg,  1S77. 

*  See  also  general  bibliography  on  p.  22. 


CHAPTER    IV 
THE   STRUGGLE   BETWEEN   THE   ORDERS 

42.  The  Period  from  367  to  287.  In  the  last  chapter 
we  traced  the  course  of  events  from  the  founding  of  the 
repubUc  down  to  the  passage  of  the  Licinio-Sextian  laws 
in  367.  The  history  of  the  period  in  question  is  primarily 
a  history  of  the  early  efforts  which  the  plebeians  made  to 
gain  political  equality  with  the  patricians.  The  passage  of 
the  Licinian  laws  marks  their  first  great  success.  Their 
victory  was  made  complete,  and  the  struggle  came  to  an 
end  when  the  Hortensian  law  was  passed  in  the  year  287, 
making  the  assemblies  independent  legislative  bodies.  The 
last-mentioned  year,  therefore,  marks  a  new  dividing  line 
in  the  development  of  Roman  political  institutions,  so 
that  it  is  convenient  to  treat  the  history  of  internal  affairs 
during  the  years  from  367  to  287  as  a  unit.  It  is  in  part 
a  matter  of  chance  only  that  this  period  also  constitutes  a 
natural  epoch  in  the  history  of  external  politics.  In  295, 
at  the  battle  of  Sentinum,  the  Romans  were  called  on  to 
face  the  combined  forces  of  the  Kelts  and  Samnites,  the 
two  peoples  who  had  most  fiercely  and  persistently  dis- 
puted the  supremacy  of  Rome  in  Italy.  The  victory  of 
Rome  in  that  battle,  followed  by  the  submission  of  the 
Samnites  in  290,  crushed  the  Kelts,  broke  the  power  of 
the  Samnites  forever,  and  made  the  Romans  the  chief 
people  in  Italy. 

43.  The  Magistracies.  The  history  of  the  period  under 
consideration   may  be   conveniently   considered   from  the 

41 


42  REPUBLICAN    TERIOD:    HISTORICAL 

point  of  view  of  the  magistracies,  the  senate,  the  people, 
and  foreign  affairs.  The  magistracies  provided  for  under 
the  constitution  in  366  were  those  of  consul,  interrex,  dic- 
tator, censor,  praetor,  quaestor,  and  curule  aedile.  With 
the  magistracies  the  plebeian  tribuneship  and  aedileship 
should  be  mentioned.  Notwithstanding  the  fact  that  the 
law  of  367  stipulated  that  one  of  the  two  consuls  should 
be  a  plebeian,  on  seven  occasions  in  the  twenty-five  years 
which  followed  both  consuls  were  patricians.  This  state  of 
things  may  not  have  been  due,  however,  to  the  bad  faith 
of  the  aristocracy.  Probably  the  cleverest  statesmen  and 
generals  were  still  those  of  patrician  descent,  and  the  ple- 
beians may  well  have  put  patriotism  above  class  prejudice 
in  foregoing  their  claim  to  one  of  the  two  positions.  The 
right  to  hold  the  consulship  naturally  carried  along  with  it 
eligibility  to  the  offices  of  dictator  and  censor,  and  it  is 
not  surprising  that  a  plebeian  filled  the  former  office  in 
356  and  the  latter  in  351,  without  waiting  for  the  formality 
of  a  law  throwing  those  positions  open  to  his  class.  How- 
ever, the  plebeians  thought  it  wise  to  secure  the  passage 
of  a  law  in  339,  formulating  their  claim  to  one  of  the  two 
censors.  They  won  still  another  success  two  years  later, 
when  the  great  plebeian  leader,  Q.  Publilius  Philo,  was 
elected  to  the  praetorship,  in  violation  of  the  bargain  in 
accordance  with  which  the  patricians  had  conceded  the 
consulship.  The  quaestorship  had  been  thrown  open  to 
the  plebeians  in  421,  when  the  number  of  quaestors  was 
increased  from  two  to  four.  By  establishing  the  curule 
aedileship,  which  was  not  open  to  plebeians,  and  by  grant- 
ing the  incumbents  of  that  office  special  honors,  the  patri- 
cians hoped  to  secure  an  offset  to  the  oftice  of  plebeian 
aedile,  but  they  soon  gave  up  their  exclusive  claim  to  the 
office,  and  a  peculiar  arrangement  was  adopted  for  it.     In 


STRUGGLE    BETWEEN   THE   ORDERS  43 

one  year  it  was  thrown  open  to  plebeians,  in  the  next 
patricians  only  were  eligible.  We  have  already  noticed 
the  fact  (p.  37)  that  the  importance  of  opening  one  of 
the  priestly  offices  to  the  plebeians  lay  in  the  fact  that 
a  precedent  was  estabhshed  for  the  adoption  of  a  similar 
provision  in  the  case  of  the  augurate  and  pontificate. 
The  hopes  of  the  plebeians  in  this  respect  were  realized 
by  the  passage  of  the  plebisciium  Ogulfiiu?n  in  300,  which 
reserved  to  the  plebeians  a  certain  number  of  places  in 
each  of  the  colleges  mentioned.  These  changes  all  bene- 
fited the  commonwealth  and  the  plebs,  in  that  they  unified 
the  community  and  gave  the  plebeians  such  a  representa- 
tion in  the  several  magistracies  as  their  number  and  ser- 
vices to  the  state  entitled  them  to  have,  but  they  were 
of  special  importance  to  those  plebeians  who  were  promi- 
nent through  wealth  or  ability,  for  they  alone  could  hope 
to  secure  election  to  a  magistracy. 

44.  Reelection  and  Plurality  of  Offices.  The  special 
interests  concerned  in  the  matter  are  in  fact  indicated 
clearly  by  two  plebiscites  attributed  to  the  year  342,  one 
of  which  provided  that  a  citizen  should  not  be  reelected 
to  an  office  until  an  interval  of  ten  years  had  elapsed,  while 
the  other  made  it  unlawful  to  hold  more  than  one  office 
at  a  time.  These  provisions  were  not  inspired  by  a  fear 
of  autocracy,  but  by  a  desire  on  the  part  of  rising  poli- 
ticians to  keep  as  many  offices  open  as  possible.  The- 
first-mentioned  law  was  not  well  observed,  however,  since 
T.  Manlius  Torquatus  was  consul  in  344  and  340,  and 
M.  Valerius  Corvus  in  343  and  335. 

45.  Promagisterial  Government  and  the  Prorogatio  Im- 
perii. The  law  which  forbade  immediate  reelection  to 
an  office  made  the  military  situation  intolerable.  In  the 
period   which  we  are  considering  Rome  was  carrying  on 


44  REPUBLICAN    PERIOD:    HISTORICAL 

a  number  of  campaigns  simultaneously  at  points  remote 
from  the  city.  Several  commanders,  and  a  term  of  service 
extending  beyond  twelve  months,  were  absolutely  necessary 
to  success.  To  meet  the  need  of  more  than  two  command- 
ing officers,  as  early  as  465,  according  to  tradition,  an  army 
was  placed  in  charge  of  a  certain  T.  Quinctius,  acting  pro 
consule,  and  in  326  Q.  Publilius  Philo,  the  consul  of  the 
previous  year,  was  authorized  to  remain  in  charge  of  his 
army  pi'o  consule,  until  the  campaign  was  finished.  The 
changes  in  the  constitution  which  developed  in  after  years 
out  of  these  two  precedents  were  of  tremendous  impor- 
tance. The  first  incident  led  in  time  to  the  development 
of  the  whole  system  of  promagisterial  government  which 
was  adopted  for  the  provinces.  The  extension  of  an  offi- 
cial's term  of  office  (^prorogatio  imperii')  beyond  one  year, 
which  was  first  allowed  in  the  case  of  Publilius,  was  out  of 
harmony  with  a  fundamental  principle  of  Roman  govern- 
ment, and  the  frequent  adoption  of  the  device  accustomed 
the  Romans  to  the  protracted  exercise  of  supreme  power 
by  an  individual,  and  thus  prepared  the  way  for  the  empire. 

46.  The  Tribunes  and  the  Senate.  In  our  examination 
of  an  earlier  period  (p.  38)  we  noticed  a  rapprochement 
between  the  senate  and  the  tribunes.  The  case  of  Pub- 
lilius in  326  offers  another  striking  instance  of  the  same 
tendency,  if  we  may  accept  the  traditional  narrative.  The 
.measure  extending  Publilius's  term  of  office  would  seem  to 
have  been  laid  before  the  concilium  plebis  by  a  tribune,  at 
the  request  of  the  senate.  This  fact  seems  to  indicate, 
not  only  greater  harmony  between  the  two  elements  in  the 
community,  but  also  a  recognition  on  the  part  of  the  aris- 
tocracy of  the  possibility  of  using  plebeian  officials  to 
accomplish  desired  objects. 

The  willingness  of  the  tribune  on  this  occasion,  and  in 


STRUGGLE    BETWEEN    THE   ORDERS  45 

other  instances,  to  carry  out  the  wishes  of  the  senate  in  the 
matter  of  legislation,  is  a  natural  return  on  his  part  for  the 
permission,  which,  as  we  have  already  seen,  the  senate  had 
given  him  to  occupy  a  seat  in  the  senate-house,  and  to 
state  formally  his  objection  to  any  action  under  considera- 
tion in  that  body.  In  this  period,  too,  probably  the  tri- 
bune acquired  the  right,  which  he  exercised  freely  in  later 
times,  of  calling  meetings  of  the  senate  and  laying  matters 
before  it  for  consideration.  The  friendly  relations  which 
were  thus  developing  between  the  senate  and  the  tribune 
were  fostered  by  the  large  measure  of  success  with  which 
the  plebeian  senators  met  in  securing  the  tribunate  for 
members  of  their  families,  and  in  making  it  the  stepping- 
stone  to  a  magistracy.  The  result  of  these  changes  in  the 
powers  and  functions  of  the  tribune's  office  was  the  gradual 
assimilation  of  his  duties  to  those  of  a  magistrate,  and, 
especially  after  the  legislation  of  339  and  287,  which  made 
the  action  of  the  conciliian  plebis,  over  which  the  tribune 
presided,  unconditionally  binding  on  all  citizens,  the  tribune 
may  with  practical,  though  not  with  technical,  correct- 
ness be  called  a  niagistratus  plebeiiis.  The  plebeian  char- 
acter of  the  office  of  course  consisted  in  the  fact  that  its 
incumbents  must  be  of  plebeian  descent,  and  must  be 
elected  by  an  assembly  made  up  solely  of  plebeians.  The 
role  which  the  tribune  played  during  this  period  is  a 
characteristic  and  an  important  one.  The  life-and-death 
struggle  which  the  Romans  were  carrying  on  with  the  Sam- 
nites  during  these  years  must  have  developed  the  military 
spirit  at  home.  The  tribune  sought  to  maintain  the  civil 
liberty  of  the  citizen  against  the  encroachments  of  this 
tendency.  The  services  which  he  rendered  to  the  commu- 
nity were  valuable,  and  his  attitude  was  in  harmony  with 
the  traditions  attaching  to  his  office,  which  made  him  the 


46  REPUBLICAN    PERIOD:    HISTORICAL 

protector  of  the  helpless  individual  against  the  tyranny  ot 
autocratic  power. 

47.  The  Senate  and  the  Ovinian  Law.  An  examination 
of  the  plebiscitum  Ovinium  takes  us  naturally  from  the 
magistracies  to  the  senate,  since  its  provisions  affected  both 
the  censor  and  the  senate.  Strangely  enough,  although 
this  measure  was  one  of  great  importance,  its  contents  are 
not  given  by  any  of  the  historians.  Festus,  however,  tells 
us  that  senators  were  chosen  by  the  consuls  and  consular 
tribunes,  donee  Ovinia  tribtmicia  intervenit  qua  sanctum  est 
ut  censores  ex  Ofnni  ordine  optimum  qucmque  curiati  {lurati  T) 
in  senatujn  lege  rent,  quo  factum  est  ut  qui  praeteriti  essent  et 
loco  moti  habei-entur  ignomitiiosi.  There  are  two  important 
points  in  the  law  as  stated  by  Festus  :  the  transfer  of  the 
lectio  senatus  from  the  consul  to  the  censor,  and  the  estab- 
lishment of  the  basis  on  which  the  choice  of  senators  was  to 
be  made.  The  first  provision  placed  the  composition  of 
the  senate  and  the  fortunes  of  individual  politicians,  to  some 
extent,  in  the  hands  of  the  censor,  and  the  great  promi- 
nence of  that  official  during  the  next  century  is  due  in  large 
measure  to  the  passage  of  this  law.  The  term  ordo,  \vhich 
Festus  uses,  is  often  appHed  to  any  "  class  "  of  citizens,  but 
that  can  hardly  be  its  meaning  in  the  passage  before  us. 
The  Romans  can  scarcely  have  admitted  members  of  the 
ordo  libertinus,  for  instance,  to  the  senate  at  this  time. 
Furthermore,  the  census  rolls  of  the  period  show  about 
200,000  citizens,  and  it  would  have  been  absurd  to  stigma- 
tize as  ignotniniosi  the  199,700  whose  names  were  not 
placed  on  the  senate's  list.  The  term  must  be  applied  to 
officials,  as  it  is  elsewhere  at  times,  and  the  censor  was 
instructed  to  put  in  the  senate  all  such  magistrates  or  ex- 
magistrates  as  were  of  approved  character.  Probably  the 
Ovinian  law  did  not  introduce  an  essentially  new  method 


STRUGGLE   BETWEEN    THE    ORDERS  47 

of  procedure,  but  it  put  into  a  more  definite  legal  form  a 
principle  which  the  consuls  had  followed  in  a  general  way 
for  many  years.  From  this  time  forth  the  senate  is  a  body 
of  ex-magistrates,  and  very  important  results  followed  in 
the  next  century  in  consequence  of  this  change  in  its  com- 
position. The  following  considerations  enable  us  to  fix 
approximately  the  date  of  the  Ovinian  law.  It  was  a  plebi- 
scite, and  since  by  its  provisions  the  right  to  make  out  the 
list  of  senators  was  transferred  from  the  consul  to  the  censor, 
we  may  be  sure  that  it  was  not  passed  until  after  plebeians 
were  eligible  to  the  censorship,  that  is,  until  after  339. 
The  earliest  lectio  senatus  by  a  censor,  of  which  we  have 
any  record,  dates  from  312,  so  that  the  law  must  have 
been  passed  between  339  and  312.  At  the  time  of  its 
passage  plebeians  were  eligible  to  all  the  ordinary  political 
offices,  so  that  under  its  operation  the  number  of  plebeian 
senators  must  have  increased  greatly.  In  fact,  it  would 
be  only  a  question  of  time  when  the  majority  would  be 
plebeian. 

48.  The  Appearance  of  the  Nobilitas.  Under  the  new 
regime  the  choice  of  senators  was  made  indirectly  by  the 
people  in  their  centuriate  and  tribal  assemblies.  A  candi- 
date of  obscure  position,  however,  had  little  chance  of 
election.  Only  unusual  abiUty  or  a  great  danger  enabled 
an  igtiobilis,  like  Marius  or  Cicero,  to  secure  a  political 
office  ;  for,  since  wealth  became  a  more  and  more  influential 
factor  in  politics  and  society,  and  since  the  imagines  of 
distinguished  famihes  appealed  in  a  forcible,  concrete  way 
to  the  Roman's  deeply  rooted  respect  for  the  past,  political 
office,  and  consequently  a  seat  in  the  senate,  became  prac- 
tically the  hereditary  privilege  of  a  few  rich  families,  and 
constituted  the  basis  of  a  new  patricio-plebeian  aristocracy, 
the  nobilitas,  which  from  this  time  on  took  the  place  in  the 


48  REPUBLICAN    PERIOD:    HISTORICAL 

State  and  in  society  which  the  i)atricians  had  formerly  held. 
I'he  exclusive  rights  of  the  old  aristocracy  had  rested  on 
the  law.  By  a  revision  of  the  law  they  could  be  and  had 
been  removed.  The  privileges  of  the  new  aristocracy 
depended,  not  on  the  law,  but  on  the  organization  of 
society.  Nothing  but  a  revolution  could,  therefore,  take 
them  away.  In  this  way  the  appearance  of  the  nobilitas 
marks  a  turning  point  in  Roman  history,  and  the  whole 
history  of  the  republic  falls  into  two  great  epochs.  In  one 
the  patricians  are  in  the  ascendant,  in  the  other  the  nobilitas. 

A  contest  of  two  hundred  years  had  at  last  brought  the 
rich  plebeians  to  the  goal  of  their  ambition,  —  poUtical 
equality  with  the  patricians,  —  but  the  position  of  the  poor 
plebeian  had  not  improved  in  like  measure.  In  fact,  the 
establishment  of  the  patricio-plebeian  fiobilitas  not  only 
brought  into  more  marked  contrast  the  conditions  of  the 
rich  and  the  poor,  but  the  fusion  of  prominent  plebeian 
families  with  the  patricians  into  a  new  aristocracy  with 
exclusive  privileges,  and  \vith  common  interests  hostile  to 
those  of  the  poor  plebeians,  robbed  the  latter  of  the  help 
of  their  most  pow-erful  leaders. 

49.  The  Distress  of  the  Poor.  Their  difficulties  were 
partly  economical,  partly  political.  It  will  be  remembered 
that  some  attempt  had  been  made  in  the  Licinian  laws  to 
relieve  the  distress  of  the  proletariat,  but  the  measure 
brought  little  help.  Perhaps  a  resumption  of  the  ager piib- 
licics  by  the  state,  and  its  assignment  to  the  needy  with  the 
full  right  of  ownership,  might  have  relieved  the  difficulty 
for  a  time,  but  probably  nothing  short  of  revolution  or 
another  secession  could  have  forced  the  rich  to  make  this 
concession.  Resort  was,  therefore,  had  to  other  measures, 
some  of  them  excellent,  some  of  them  absurd.-  The  old 
laws  against  usury  were  enforced  with  more  vigor,  and  new 


STRUGGLE    BETWEEN    THE    ORDERS  49 

laws  against  the  same  offense  were  enacted.  If  tradition 
can  be  relied  on,  even  the  taking  of  interest  was  forbidden. 
A  far  more  rational  measure  of  relief  was  the  lex  Foetelia  of 
326,  which  alleviated  the  condition  of  such  debtors  as  were 
turned  over  to  their  creditors  for  failure  to  pay  their  debts. 
In  352  an  entirely  new  method  of  improving  the  credit 
system  was  tried.  A  state  bank  was  opened,  if  we  may 
apply  so  pretentious  a  term  to  the  institution  established 
in  that  year  under  the  control  of  a  commission  of  five. 
This  commission  was  probably  appointed  to  make  state 
loans,  and  to  secure  loans  from  individuals,  on  securities 
not  readily  negotiable  at  reasonable  rates  of  interest,  but 
the  plan  apparently  met  with  very  little  success.  The 
greatest  relief  to  the  proletariat  came  indirectly  as  a  result 
of  the  long  series  of  wars  in  which  Rome  was  engaged 
during  the  period  under  consideration.  It  is  a  significant 
fact  that  one  of  the  provisions  of  the  so-called  lex  sacrata 
militaris,  whose  passage  was  forced  by  a  mutiny  in  the  army, 
directed  that  no  soldier's  name  should  be  dropped  from 
the  army  rolls  without  his  consent.  Payment  for  mihtary 
service,  the  prospect  of  booty,  and  a  share  in  conquered 
land  had  evidently  made  service  in  the  army  a  profitable 
form  of  employment.  The  relief  which  the  proletariat  de- 
rived from  the  acquisition  of  new  territory  can  be  readily 
appreciated  when  we  remember  that  between  367  and  287 
twenty-one  Latin  colonies  and  six  Roman  colonies  were 
founded.  In  some  of  these  cases  a  large  number  of  colo- 
nists was  sent  out.  Thus,  for  instance,  2500  were  sent  to 
Cales  in  the  year  334. 

50.  The  Lex  Publilia  and  the  Lex  Hortensia.  The  great 
political  movements  of  this  period,  in  which  the  mass  of 
the  people  were  concerned,  are  connected  with  the  passage 
of  the  lex  Publilia  in  339,  of  the  lex  Hortensia  in  287,  and 


50  RErURLICAN    PERIOD:    HISTORICAL 

with  the  career  of  Appius  Claudius.  It  seems  hopeless  to 
try  to  make  out  the  circumstances  under  which  the  Publilian 
law  was  passed.  The  patrician  coloring  given  to  the  narra- 
tive has  wholly  obscured  the  real  truth  of  the  case.  The 
legislation  of  287  grew  out  of  economic  difficulties,  and  yet 
here,  too,  the  ground  is  very  uncertain,  since  the  eleventh 
book  of  Livy,  in  which  an  account  of  the  matter  was  pre- 
served, is  not  extant,  so  that  we  must  rely  on  the  epitome 
of  that  book,  and  on  incidental  references  in  other  writers. 
This  much  seems  to  be  clear,  however,  with  reference  to 
the  movement  in  2  8>,  that  the  debtors  demanded  a  radical 
measure  of  relief.  To  this  the  patricians  in  the  senate,  who 
belonged  in  most  cases  to  the  creditor  class,  refused  their 
consent.  Thereupon  the  needy  withdrew  to  the  Janiculum, 
but  returned  to  the  city  on  condition  of  the  enactment  of 
certain  favorable  legislation.  Let  us  pass  now  to  the  laws 
themselves,  taking  up  first  the  lex  Publilia.  If  we  examine 
its  contents,  we  find  that  besides  the  clause  to  which  ref- 
erence has  already  been  made  (p.  42),  providing  that  one 
of  the  two  censors  should  be  a  plebeian,  the  Publilian  law 
contained  two  provisions.  One  of  these  directed  that  a  bill 
should  be  approved  by  the  patricians  in  the  senate  before 
it  was  acted  on  by  the  centuriate  comitia.  Previously 
the  auctoritas  patrum  had  followed  the  action  of  the  comitia 
centuriata.  It  would  seem  easier  to  defeat  an  undesirable 
bill  in  its  inchoate  state  than  after  the  interest  of  the  people 
had  been  aroused  and  favorable  action  taken  by  a  popular 
assembly.  One  would,  therefore,  expect  this  change  to 
increase  the  importance  of  the  auctoritas  patrum,  but  such 
was  not  the  case.  In  point  of  fact,  from  this  time  on  it 
became  a  meaningless  form.  The  mere  fact,  however,  that 
the  approval  of  the  patrician  senators  lost  its  significance 
during  this  ])eriod   is  not  difficult   to  understand,  when  we 


STRUGGLE  BETWEEN  THE  ORDERS      5 1 

remember  that  the  whole  tendency  of  constitutional  devel- 
opment at  this  time  was  to  rob  the  patricians  of  exclusive 
political  powers,  but  it  is  hard  to  see  how  the  change  made 
in  339  can  have  helped  to  accomplish  this  end.  The  prin- 
ciple which  the  Publilian  law  applied  to  legislation  was 
extended  by  the  lex  Maenia,  passed  probably  in  the  year 
287,  to  elections  also.  By  the  decadence  of  the  influence 
of  the  auctoritas  patrum,  which  followed  this  legisla- 
tion, the  last  serious  obstacle  was  removed  from  the  path 
of  the  comitia  centuriata  as  an  elective  and  a  legislative 
body.  Two  clauses  of  the  lex  Publilia  have  been  discussed. 
The  third  clause,  according  to  Livy's  narrative,  enacted  ut 
plehiscita  omnes  Quirites  tenerent.  This  part  of  the  Pub- 
lilian law,  at  least  in  the  form  in  which  it  has  come  down 
to  us,  seems  to  be  identical  in  force,  not  only  with  one  of 
the  Valerio-Horatian  laws  of  449  (p.  32),  but  also  with  the 
lex  Hortensia  of  287,  which,  according  to  the  elder  Pliny, 
provided  ut  plehiscita  universum  popidum  tenerent.  What 
relation  do  these  three  laws  bear  to  one  another?  It  is 
almost  impossible  to  say.  We  can  assume  that  the  law  of 
449  made  enactments  of  the  plebeian  assembly  uncondition- 
ally binding  on  the  whole  people,  and  that  the  measures 
of  339  and  287  reaffirmed  the  principle  already  established, 
and  sought  to  strengthen  it  at  weak  points ;  but  on  the  one 
hand  it  is  incredible  that  the  plebeian  assembly  was  made 
a  supreme  legislative  body  as  early  as  449,  and  on  the  other 
hand  it  would  be  highly  improbable  to  suppose  that  the 
plebeians  would  have  needed  almost  one  hundred  and 
seventy-five  years  to  secure  the  recognition  of  a  principle 
already  formulated  into  law.  Of  one  fact  we  are  sure,  viz., 
that  after  287  plehiscita  were  unconditionally  binding  on 
the  whole  community.  We  seem  forced  to  assume,  there- 
fore, that  under  the  Valerio-Horatian  law  enactments  of  the 


52  REPUBLICAN    PERIOD:    HISTORICAL 

plebeian  assembly  were  valid  under  certain  conditions,  and 
that   the   Publilian    and    Hortensian    laws    removed    these 
restrictions.     In  discussing  the  Valerio-Horatian  law  (p.  32) 
an  attempt  was  made  to  show  that  a  measure  adopted  by 
the  concilium  plebis  acquired  the  force  of  law,  if  it  was  sub- 
sequently ratified  by  the  patrician  senators.     Between  449 
and  339,  then,  in  the  case  of  both  the  comitia  centuriata 
and  the  concilium  plebis,  a  bill,  in  order  to  become  a  law, 
required,  first,  favorable  action  by  the  popular  assembly, 
then  the  sanction  of  the  patrician  senators.     In  other  words, 
the  method  of  procedure  was  the  same  in  both  cases.    Now 
one  clause  of  the  Publilian  law,  as  we  have  already  seen, 
provided  that  in   the  case  of  the  centuriate    comitia    the 
auctoritas  patrum  should  precede  the  action  of  the  comitia. 
If  we  assume  that  the  same  change  was  made  in  the  case 
of  the  plebeian  assembly,  and  the  assumption  is  not  improb- 
able, the  relation  which  the  three  laws  bear  to  one  another 
is  clear.     It  may  be  stated  as  follows  :  from  449  to  339  a 
bill  becime  a  law  if  it  was  favorably  acted  on  by  the  centu- 
riate co?nitia  or  by  the  plebeian  tribal  assembly,  and  subse- 
quently approved  by  the  patrician  senators ;   from  339  to 
287  the  auctoritas  patrum  preceded  in  both  cases;  after 
287  the  preliminary  approval  of  the  patrician  element  in 
the   senate  was   necessary  in   the    case  of  the  centuriate 
assembly,  but  unnecessary  for  the  action  of  the  plebeian 
tribal  assembly.     One  difficulty  in  the  situation  has  not  yet 
been  spoken  of.     The    fact  has  already  been    mentioned 
(p.  2,Z)  that  in  447  a  patricio-plebeian  tribal  assembly  comes 
into  existence.     After  that  date,  then,  there  are  two  tribal 
assemblies,  one  made  up  of  plebeians,  the  other  of  both 
patricians  and  plebeians.     Ancient  writers  do  not  carefully 
distinguish  between  these  two  bodies,  so  that  it  is  often 
difficult  to  say  to  which  one  reference  is  made.     However, 


STRUGGLE    BETWEEN   THE   ORDERS  53 

since  in  the  case  of  all  three  of  the  laws  under  consideration 
distinct  mention  is  made  of  the  assembly  of  the  plebs,  we 
seem  to  be  safe  in  applying  the  principle  to  the  plebeian 
tribal  assembly.  In  fact,  the  patricio-plebeian  tribal  assem- 
bly seems  to  have  been  largely  an  electoral  and  judicial 
and  not  a  legislative  body  until  the  close  of  the  fourth 
century,  since  the  first  legislative  enactment  of  the  comitia 
tributa,  of  which  we  have  any  record,  belongs  to  the  year 
357.  If  the  action  of  this  body  required  the  preliminary 
approval  of  the  patrician  senators,  that  restriction  must 
have  been  removed  in  287.  In  other  words,  the  Horten- 
sian  law  applied  the  same  principle  to  both  tribal  assem- 
blies, as,  on  general  grounds,  we  should  have  expected 
it  to  do. 

One  must  not  assume  that  the  passage  of  these  three 
laws  gave  the  popular  assemblies  practical  control  of  legis- 
lation and  robbed  the  senate  of  all  its  powers  in  this  field  of 
activity,  or,  to  put  it  in  another  way,  one  must  not  infer  that 
the  passage  of  the  lex  Hortensia  marked  the  final  triumph 
of  democracy  over  aristocracy.  In  point  of  fact,  no  one  but 
a  magistrate  could  bring  a  bill  before  one  of  the  popular 
assemblies  for  action,  and  since,  as  we  shall  see  later,  the 
senate  found  means  of  maintaining  its  control  over  the 
magistrates,  very  few  bills  came  before  the  popular  assem- 
bUes  of  which  the  senate  did  not  approve,  and  a  way  was 
generally  found  to  secure  the  passage  of  bills  which  the 
senate  favored.  It  was  the  patrician  element  in  the  senate, 
not  the  senate  itself,  which  lost  power  and  prestige  at  this 
time.  In  other  words,  the  Hortensian  law  robbed  the  patri- 
cians of  the  last  exclusive  political  power  of  any  importance 
which  they  possessed,  but  the  mantle  of  the  old  patriciate 
fell,  not  on  the  shoulders  of  the  democracy,  but  on  those  of 
the  new  nobilitas. 


54  REPUBLICAN    PERIOD:    HISTORICAL 

51.  The  Policy  of  Appius  Claudius  Caecus.  Attention 
has  already  hccn  called  to  the  fact  (p.  48)  that  the  causes 
of  the  distress  among  the  lower  classes  were  partly  econom- 
ical, partly  political,  and  we  have  considered  some  of  the 
efforts  which  were  made  in  this  period  to  remove  their 
financial  difficulties.  These  reforms  were  intended  to  help 
poor  debtors,  and  especially,  we  may  suppose,  farmers  with 
small  holdings.  The  political  movement  toward  the  close 
of  the  fourth  century  B.C.,  of  which  Appius  Claudius 
Caecus  is  the  central  figure,  removed  in  part  the  political 
disabilities  of  another  element  in  the  conmiunity,  that  is, 
of  the  freedmen  and  of  freemen  with  less  than  two  acres 
of  land.  Probably  neither  of  these  classes  was  enrolled  in 
the  tribes  at  this  time,  while  the  prohtarii,  that  is,  the 
citizens  who  owned  no  land  or  had  less  than  two  acres, 
were  massed  in  the  centuriate  assembly  in  a  single  century, 
which  exercised  practically  no  influence  in  a  body  contain- 
ing one  hundred  and  ninety-three  centuries. 

Appius  Claudius,  as  censor  in  312,  made  a  great  change, 
therefore,  in  the  composition  of  the  popular  assembhes, 
when  he  admitted  landless  freemen  and  freedmen  to  the 
tribes,  and  in  fact  to  any  tribe  which  an  individual  might 
choose,  and  when  he  also  enrolled  men  belonging  to  these 
two  categories  in  such  "  classes  "  as  their  property,  in  what- 
ever form  it  might  be,  entitled  them  to  enter.  By  this 
procedure  wealth  in  any  form  was  substituted  for  landed 
property  as  the  basis  of  admission  to  a  tribe  and  of  classifi- 
cation in  the  centuriate  assembly.  By  this  change  artisans 
and  tradesmen  were  to  be  enrolled  in  the  popular  assem- 
blies, and  those  bodies  were  likely  to  lose  the  stability 
which  an  organization  composed  solely  of  farmers  or  land- 
owners is  likely  to  have.  The  admission  of  freedmen 
further  increased  the  danger.     Appius  violated  tradition  in 


STRUGGLE    BETWEEN    THE    ORDERS  55 

a  still  more  striking  way  by  putting  the  names  of  freedmen's 
sons  in  the  list  of  senators,  which,  under  the  Ovinian  law, 
it  was  his  duty  as  censor  to  draw  up.  An  equally  revolu- 
tionary proceeding  was  his  conduct  in  securing  the  election 
of  Cn.  Flavius,  the  son  of  a  freedman,  as  curule  aedile  in 
304.  We  have  not  space  to  consider  at  length  the  motives 
of  Appius  in  making  these  changes.  The  question  is  one 
of  high  dispute.  He  was  certainly  far-sighted,  and  saw  that 
Rome  was  soon  to  be  mistress  of  Italy.  He  may  well  have 
felt  that  by  strengthening  the  hands  of  the  magistrate  he 
would  secure  for  her  that  firmness  and  promptness  of  action, 
and  that  consistency  in  policy,  which  would  be  essential 
to  her  in  her  new  role.  By  lowering  the  prestige  of  the 
nobilitas  in  the  senate,  and  of  the  petty  landed  aristocracy 
in  the  assemblies,  as  his  changes  certainly  did,  he  increased 
the  importance  of  the  magistracies,  and  indirectly  accom- 
plished his  purpose  by  essentially  the  same  method  as  that 
which  Caesar  adopted  two  centuries  and  a  half  later.  The 
independent  course  which  he  took  during  his  censorship 
was  in  harmony  with  the  view  which  he  held  with  reference 
to  the  magistracies.  In  fact,  his  policy  was  reactionary.  It 
involved  a  return  to  the  magistrate  of  many  of  the  powers 
of  which  two  hundred  years  had  robbed  him.  This  is  not 
to  say  that  his  motives  were  purely  patriotic,  or  that  he  had 
a  single  purpose  in  mind.  A  fine  patrician  contempt  for 
the  plebeian  nobility  in  the  senate  and  for  the  bourgeois 
landholders  of  the  assemblies,  who  had  first  pushed  their 
way  into  a  position  of  equality  with  their  betters,  and  were 
now  themselves  following  the  policy  of  exclusion  toward 
their  less  fortunate  fellow-townsmen,  seems  to  have  played 
some  part  in  his  mind.  But  the  Romans  were  not  yet 
ready  for  such  revolutionary  changes. 

A   conservative  reaction    came    in   304.     Some  regard. 


56  REPUBLICAN    PERIOD:    HISTORICAL 

however,  was  paid  to  the  changes  made  by  Appius.  Q. 
Fabius  Rullianus,  one  of  the  censors  of  that  year,  allowed 
landless  freemen  and  freedmen  to  remain  in  the  tribal 
organization,  but  assigned  them  to  the  four  city  tribes, 
which  were  so  large  that  individual  votes  were  of  compara- 
tively little  avail.  The  sons  of  freedmen  were  again  treated 
as  ineligible  to  the  senate  or  to  a  magistracy,  but  in  other 
respects  they  enjoyed  the  political  rights  of  citizens.  As 
a  result  of  the  whole  incident  the  position  of  the  senate 
and  of  the  nohilitas  was  strengthened.  It  had  proved  itself 
more  powerful  than  its  enemies.  Two  achievements  of 
Appius  of  a  permanent  character  should  be  mentioned, 
before  we  leave  the  discussion  of  his  career,  viz.,  the  part 
which  he  played  in  securing  the  publication  of  the  calendar 
and  of  the  legis  actiones  in  304,  and  the  construction  of  the 
"via  Appia  in  312.  Exactly  what  happened  in  304  is  not 
clear  from  the  words  of  Livy, —  civile  ius  repositum  in  pene- 
tralibus  pontifician  {Cn.  Flavins)  evulgavit  fastosque  circa 
forum  in  albo  proposuit  (IX.  46.  5).  The  general  method 
of  procedure  in  civil  cases  and  the  calendar  had  both  been 
given  in  the  laws  of  the  twelve  tables.  The  service  which 
Flavius  rendered  to  the  people  consisted  perhaps,  as  some 
writers  maintain,  in  the  publication  of  the  pertinent  con- 
tents of  the  laws  of  the  twelve  tables  in  book  form,  or  he 
may  have  set  down  for  general  use  a  list  of  court  days  and 
a  complete  set  of  the  forms  which  were  to  be  employed 
in  civil  cases.  Whatever  the  exact  truth  of  the  case  may 
have  been,  information  essential  to  everyday  life,  which 
had  formerly  been  confined  to  a  few,  became  the  common 
property  of  all.  To  Appius,  Rome  was  also  indebted  for 
the  first  of  those  great  military  roads  which  proved  such  a 
powerful  factor  in  extending  Roman  commerce  and  Roman 
ideas,  and  in  facilitating  the  transfer  of  troops  to  all  parts 


STRUGGLE    BETWEEN    THE    ORDERS  $7 

of  the  world.  None  of  his  achievements  shows  more 
clearly  the  correctness  with  which  he  foresaw  the  future 
of  Rome  and  her  needs  as  a  world-power. 

52.  The  Conquest  of  Central  Italy.  The  period  which 
is  under  discussion  in  this  chapter  is  one  of  rapid  external 
development.  Rome  waged  war  with  all  the  peoples  of 
central  Italy.  Of  them  all  the  Samnites  resisted  her  claim 
to  supremacy  with  the  greatest  valor  and  stubbornness. 
When  the  Romans  and  Samnites  were  first  brought  into 
close  relations  in  the  middle  of  the  fourth  century,  they 
apparently  agreed  to  a  peaceful  division  among  themselves 
of  certain  territory  belonging  to  their  weaker  neighbors. 
This  seems  to  be  the  correct  explanation  of  the  course  of 
events  of  the  years  343—1,  which  one  tradition  exalts  into 
a  war.  The  ambitious  spirit  of  expansion  which  Rome 
showed  in  dealing  with  smaller  states,  supported  as  she 
was  now  by  Samnium,  suggests  also  a  sufficient  explana- 
tion of  the  desperate  struggle  which  the  Latin  communities 
at  once  made  to  break  her  power.  The  result  of  the  war, 
which  followed,  and  lasted  from  340  to  338,  was  most  dis- 
astrous to  the  Latins.  Although  they  were  assisted  by  the 
Campanians  and  Volscians,  they  were  defeated  and  lost 
many  of  the  rights  which  they  had  enjoyed  since  the 
adoption  of  the  foedus  Cassianum  in  493.  Rome  made  a 
separate  treaty  with  each  one  of  the  Latin  communities, 
with  the  express  purpose  of  preventing  future  confedera- 
tions between  them.  The  terms  adopted  varied  from  state 
to  state,  but  all  the  members  of  the  old  league  were  appar- 
ently deprived  of  the  right  to  trade  with  one  another  and 
the  right  to  intermarry.  Both  Rome  and  Samnium  were 
eagerly  seeking  to  extend  their  iniiuence  in  Campanian  and 
Volscian  territory.  A  contest  between  the  two  powers  was 
inevitable.     The  immediate  cause  of  the  war  between  them 


58  REPUBLICAN    PERIOD:    HISTORICAL 

was  the  establishment  of  a  colony  at  Fregellae  in  a  Volscian 
district  claimed  by  the  Samnites,  and  an  attack  which  the 
Romans  made  in  327  on  Palaepolis,  a  little  town  on  the 
bay  of  Naples,  to  punish  it  for  the  incursions  which  its  citi- 
zens had  made  into  Roman  territory  in  Campania.  War 
was  formally  declared  by  Rome  in  the  following  year,  and 
was  carried  on  by  the  two  peoples  with  varying  results  until 
304.  The  peace  which  Samnium  concluded  with  Rome  in 
that  year  was  of  short  duration.  A  few  years  later  tidings 
came  to  the  city  that  the  Samnites  were  bringing  Lucania 
under  their  control.  The  Romans  protested  without  effect, 
and  war  followed  in  299  or  298.  This  time,  although  the 
Samnites  were  assisted  by  the  Kelts  and  Etruscans,  their  spirit 
was  finally  broken,  and  they  formed  a  permanent  alliance 
with  Rome  in  290.  The  overthrow  of  Samnium  established 
the  supremacy  of  Rome  in  central  Italy.  Her  success  in 
all  these  wars  was  due,  not  simply  to  the  valor  and  skill  with 
which  she  carried  them  on,  but  also  to  a  variety  of  external 
circumstances.  Her  enemies  rarely  showed  that  harmony 
among  themselves  and  that  singleness  of  purpose  which 
characterized  the  Romans,  and  Rome  did  her  best  to 
develop  the  spirit  of  discord  among  them  by  arraying  com- 
munity against  community  and  the  aristocracy  against  the 
democracy.  An  overpowering  dread  of  the  Kelts  and  the 
Etruscans  held  many  of  the  smaller  states  to  the  side  of 
Rome,  while  doubtless  the  comparatively  mild  treatment 
which  they  received  at  the  hands  of  Rome  made  her  sway 
seem  less  objectionable  than  that  of  Samnium.  Further- 
more, her  central  position,  and  the  construction  of  a  mili- 
tary road  into  Campania,  which  was  so  frequently  the  seat 
of  war,  gave  her  a  great  advantage.  The  terms  made  with 
Samnium  were  alike  honorable  to  her  and  to  the  Romans. 
She  was  allowed  to  keej)  her  territory  and  her  independence, 


STRUGGLE    BETWEEN   THE    ORDERS  59 

53.  The  Treatment  of  Conquered  Territory.  During  these 
wars  and  at  their  close  Rome  devoted  herself  earnestly  to 
the  assimilation  of  her  newly  allied  and  conquered  peoples. 
Her  two  great  agents  in  this  work  were  the  construction  of 
roads  and  the  estabUshment  of  colonies.  The  first  of  the 
great  roads  was  built  in  312,  and  their  importance  has 
already  been  noted.  The  twenty-seven  colonies  which 
Rome  sent  out  between  367  and  287  were  a  still  more 
important  factor  in  Romanizing  Italy.  They  not  only 
served  as  garrisons  in  controlling  the  surrounding  country, 
but  they  introduced  the  Latin  language,  and  a  knowledge 
of  Roman  law  and  Roman  political  institutions  wherever 
they  were  established.  The  policy  which  Rome  adopted 
toward  the  Latin  communities  after  their  defeat  in  338  was 
typical  of  her  method  of  dealing  with  all  the  peoples  in 
Italy.  In  general  she  isolated  each  town  or  tribe  from  its 
neighbors  and  attached  it  to  herself.  These  communities, 
according  to  their  political  status,  were  either  municipia  or 
civitates  foederatae.  The  municipia  were  civitates  sine  siif- 
fragio,  that  is,  they  had  only  the  civil  rights  of  coimnercium 
and  conubium.  In  some  cases  they  were  given  a  local  self- 
government  ;  in  other  cases  they  were  governed  by  praefecti 
sent  out  from  Rome.  Ultimately  they  received  the  full 
rights  of  citizenship.  The  privileges  of  the  civitates  foede- 
ratae depended  in  each  instance  on  the  special  treaty  made 
with  Rome.  They  were  not  allowed  to  declare  war  against 
other  communities,  nor  to  make  treaties  with  them,  and 
they  were  expected  to  furnish  Rome  with  a  certain  number 
of  troops  in  case  of  need,  but  within  their  own  borders 
they  were  supreme. 

54.  The  Status  of  Colonies.  The  founding  of  colonies 
was  one  of  the  functions  of  the  senate,  which  appointed 
a  commission  to  carry  out  its  instructions.     One  third  of 


6o  REPUBLICAN    PERIOD:    HISTORICAL 

the  land  assigned  for  the  jjurpose  was  usually  given  outright 
to  the  colonists,  another  third  was  made  ager publiciis,  and 
the  remainder  was  used  for  the  construction  of  temples 
and  for  other  public  purposes.  The  coloniae  Romanae  were 
few  in  number  and  were  located  on  the  seacoast.  The 
colonists  in  these  settlements,  who  rarely  numbered  more 
than  three  hundred,  had  full  political  and  civil  rights.  The 
coloniae  Latiiiac  held  the  same  relations  with  Rome  as  the 
Latin  cities  did  after  338.  They  were  independent  within 
their  own  limits,  and  adopted  Roman  political  institutions 
or  not,  as  they  saw  fit.  To  these  colonies  several  thousand 
settlers  were  often  sent  out.  In  time  of  war  they  served 
as  allies  of  Rome.  In  268  they  were  deprived  of  some  of 
their  jjolitical  and  civil  rights  which  were  restored  to  them 
in  90  B.C.  only  as  the  result  of  the  Social  war. 

55.  Preparations  for  Conquest  beyond  the  Sea.  The  or- 
ganization and  equipment  of  the  Roman  army  were  greatly 
improved  in  the  period  under  consideration.  The  troops 
were  now  ])aid,  and  became  accustomed  to  long  periods 
of  service,  and  Roman  commanding  officers  acquired  the 
ability  to  conduct  serious  campaigns,  and  control  large 
bodies  of  men.  Rome  was  in  a  position  to  gratify,  not 
only  in  southern  Italy,  but  beyond  the  sea  also,  that 
appetite  for  conquest  which  her  successes  in  central  Italy 
had  developed.  Even  at  this  early  date  there  are  some 
indications  of  her  aspirations  to  be  a  sea  power.  The 
founding  of  coloniae  maritimae  at  Antium,  Tarracina,  Min- 
turnae,  Sinuessa,  Sena  (tallica,  Castrum  Novum,  and  on 
the  island  of  Pontia,  all  of  which  were  established  between 
367  and  2S7,  either  shows  the  existence  of  a  sea-going  trade 
or  foreshadows  its  early  develo])ment.  In  311  for  the  first 
time  naval  officers  were  chosen  with  the  title  of  duoviri 
navales.     The    treatv  which   was   made    with    Carthage   in 


STRUGGLE    BETWEEN   THE   ORDERS  6l 

348,  and  renewed  in  306,  is  also  an  indication  that  for- 
eign trade  was  developing,  and  that  Roman  interests  were 
extending  beyond  the  limits  of  Italy. 


Selections  from  the  Sources 

First  plebeian  dictator:  Liv.  VII.  17.  6. — Laws  concerning  debt: 
Liv.  VII.  21.  5;  VII.  27.  3;  VII.  42.  i;  VIII.  28.  — First  plebeian 
censor:  Liv.  VII.  22.  6-10.  —  Treaties  with  Carthage:  Polybius, 
III.  22-7;  Diodor.  XVI.  69.  i;  Liv.  VII.  27.  2;  IX.  43.  26.— 
First  Samnite  war  (so-called):  Liv.  VII.  29-VIII.  2.  —  Laws  con- 
cerning reelection  and  plurality  of  offices:  Liv.  VII.  42.  2. — Lex 
sacrata  militaris :  Liv.  VII.  41. — War  with  Latins:  Liv.  VIII. 
3-12. —  Peace  of  338:  Liv.  VIII.  13-14.  —  The  leges  Publiliae  Phi- 
lonis  :  Liv.  VIII.  12.  14-16.  —  First  plebeian  praetor:  Liv.  VIII. 
15.  9.  —  Second  Samnite  war:  Liv.  VIII.  22-IX.  45;  Diodor. 
XIX,  XX  (passim);  Dionysius,  XV.  7-10.  —  Colony  of  Fregellae  : 
Liv.  VIII.  22.  1-2;  VIII.  23.  6;  Dionysius,  XV.  8.  7.  —  Attack  on 
Palaepolis  :  Liv.  VIII.  22-3;  Dionysius,  XV.  5-6.  —  Caudine  Pass: 
Liv.  IX.  1-12;  Appian,  Samn.  IV.  2-7;  Cic.  de  Off.  III.  109. — 
Peace  with  Samnium  :  Liv.  IX.  45.  1-4. — Prorogatio  imperii:  Liv. 
VIII.  23.  12;  IX.  42.  1-2;  X.  22.  9  (cf.  III.  4.  10).  — Plebiscitum 
Ovinium  :  Festus,  p.  246,  ed.  Miiller.  —  Censorship  of  Appius  Clau- 
dius:  Liv.  IX.  29.  6-11  ;  IX.  33-34;  IX.  46.  ID,  II;  Diodor.  XX. 
36.  —  Via  Appia :  Liv.  IX.  29.  6;  Diodor.  XX.  36.  2;  Frontinus, 
de  Aquaedtict.  5.  —  Duoviri  navales  :  Liv.  IX.  30.  4.  —  Cn.  Flavius  : 
Liv.  IX.  46;  Cic.  de  Or.  I.  1S6;  Diodor.  XX.  36.  6;  Cell.  VII. 
(VI.)  9.  — Reaction  of  304:  Liv.  IX.  46.  14-15;  XLV.  15;  Val. 
Max.  II.  2.  9.  —  Lex  Ogulnia :  Liv.  X.  6-9. — Third  Samnite  war: 
Liv.  X.  11-46;  Ep.  XI;  Florus,  I.  17  ;  Eutropius,  II.  9f. ;  Dionysius, 
XVII  (XVIII);  Dio  Cass.  fr.  y^.  29  f.  —Outbreak  of  war  :  Liv.  X. 
11-12;  Dionysius,  XVII  (XVIII)  1-3.  —  Sentinum  :  Liv.  X.  27-30; 
Polybius,  II.  19.  — Peace  with  Samnium  :  Liv.  Ep.  XI ;  Eutr.  II.  9. 
—  Sabine  war:  Liv.  Ep.  XI.  —  Secession  of  287:  Liv.  Ep.  XI;  Dio, 
/''•  yi-—'^^'^  Hortensia:  Plin.  H.  N.  XVL  10.37;  Gell  XV.  27. 
4.  —  Lex  Maenia:   Cic.  Brut.  55;  Liv.  I.  17.  9. 


62  REPUBLICAN   PERIOD:   HISTORICAL 


Criticism  of  the  Sources  ^ 

Binneboessel,    Untersuchungen    iiber    Quellen    u.    Geschichte    d. 
zweiten  Samniterkrieges.     Halle,  1893. 

A.  Kiessling,  De  Dionysii  Ilalicarnassensis  antiq.  auctt.  lat.     Bonn, 

1858. 

B.  Niese,  Das  sogenannte  licinisch-sextische  Ackergesetz,  Hermes 

XXIII,  pp.  410-423. 
Schubert,  Die  Quellen  Plutarchs,  N.  Jahrb.  fiir  Philol.  (N.F.),  Suppl. 

IX,  pp.  647  ff. 
Soltau,  Livius'  Geschichtswerk,  pp.  117-140.     Leipzig,  1897. 

Supplementary  Literature,  1901-1910 

Binder,  Die  Plebs.     Leipzig,  1909. 

Bloch,  Die  standischen  u.  sozialen  Kanipfe  in  d.  romischen  Republik. 

Leipzig,  1900. 
Dreyfus,   Essai  sur  les   lois  agraires  sous  la  republique    romaine. 

Paris,  1898. 
De  Sanctis,  Storia  dei  Romani:  La  conquista  del  primato  in  Italia, 

2  vols.     Milan,  1907. 
Oliver,  Roman  Economic  Conditions  to  the  Close  of  the  Republic 

Toronto,  1907. 

1  See  also  general  bibliography  on  p.  22. 


CHAPTER  V 

THE   SUPREMACY   OF   THE   NOBILITAS 

56.  The  Period  from  287  to  133.  With  the  passage  of 
the  Hortensian  law  the  great  struggle  which  had  gone  on 
for  more  than  two  centuries  was  brought  to  an  end.  The 
efforts  of  the  plebeians  to  secure  their  political  rights  had 
been  crowned  with  complete  success.  In  fact,  in  some 
respects,  the  plebeians  enjoyed  a  political  advantage  over 
the  patricians.  So,  for  instance,  under  the  new  constitu- 
tion one  of  the  two  consuls  must  be  a  plebeian,  and  both 
of  them  might  be  plebeians.  The  discrimination  which 
the  law  made  in  their  favor  in  this  matter,  and  in  certain 
other  matters,  was  only  fair  from  the  democratic  point  of 
view,  since  at  this  time  they  must  have  far  outnumbered 
the  patricians.  Of  course  the  social  prestige  which  an  old 
nobility  enjoys,  and  the  solidarity  of  interests  which  binds 
together  the  members  of  a  close  corporr.tion,  must  have 
given  the  patricians  a  political  power  which  the  plebeians 
did  not  possess,  but  the  law  was  powerless  to  secure  equality 
in  this  respect.  As  one  might  naturally  expect,  the  settle- 
ment of  the  great  questions  which  had  divided  the  Roman 
people  into  two  parties  made  the  period  after  287  one  of 
comparative  political  inactivity.  Not  only  were  the  ques- 
tions at  issue  settled,  but  the  Romans  were  occupied  in 
adapting  the  new  institutions  to  the  needs  of  the  com- 
munity, and  their  energy  was  expended  in  the  manage- 
ment of  foreign  affairs.  The  wars  of  the  period,  in 
fact,  and  the  results  which  flowed  from  them,  exerted  a 

63 


64  REPUBLICAN    PERIOD:    HISTORICAL 

controlling  influence  on  the  social  and  political  development 
of  the  community.  The  wars  with  Pyrrhus,  with  Carthage, 
with  Philip,  Antiochus,  and  Perseus  occupied  the  Romans 
sixty-seven  years,  and  three  of  these  contests  —  that  with 
Pyrrhus,  and  the  first  and  second  wars  with  Carthage  — 
strained  the  resources  of  Rome  to  the  utmost.  In  their 
presence  all  the  elements  at  Rome  united  in  the  common 
defense,  and,  for  the  time,  internal  differences  disappeared 
and  a  remarkable  political  harmony  prevailed.  .The  intense 
interest  which  the  Romans  felt  in  military  affairs  naturally 
gave  a  political  prominence  to  men  who  had  won  distinc- 
tion in  the  field.  Furthermore,  the  soldiers  who  came 
back  to  the  city  did  not  look  on  their  commander,  as 
their  fathers  had  done,  as  a  simple  fellow-citizen,  who  had 
like  themselves  been  serving  the  state,  and  now  resumed 
his  place  by  their  side.  Long  periods  of  service  abroad, 
where  the  soldier  was  only  one  of  a  great  army  carrying 
out  an  elaborate  plan  of  campaign  under  the  direction  of 
one  man,  had  accustomed  many  of  the  Romans  to  follow 
implicitly  the  guidance  of  an  individual.  Had  Scipio 
Africanus  been  an  able  and  ambitious  politician,  it  would 
not  have  been  difficult  for  him  to  exercise  a  paramount 
influence  in  Roman  politics.  Had  that  been  the  case,  the 
senate  would  have  lost  its  control,  and  the  tide,  which 
was  setting  strongly  toward  oligarchical  government,  would 
have  been  checked.  But  neither  he  nor  any  other  success- 
ful Roman  general  had  the  ability  to  devise  a  compre- 
hensive political  programme,  or  the  amliition  to  make 
himself  a  popular  leader.  This  is  not  to  say  that  all  the 
political  leaders  of  the  period  were  actuated  by  unselfish 
motives.  The  strenuous  efforts  which  certain  noble  families 
made  to  use  the  campaign  against  Antiochus  to  further 
their  own  selfish  ends  is  a  proof  of  the  opposite  state  of 


SUPREMACY   OF   THE    NOBILITAS  65 


« 


affairs.  As  for  the  great  mass  of  the  people,  the  imme- 
diate effect  of  the  long  wars  was  to  bring  into  relief  the 
same  sturdy  qualities  which  they  had  shown  in  their  strug- 
gle with  the  Samnites.  Their  indirect  result  was  a  com- 
plete change  in  the  social  and  economic  condition  of  the 
whole  ItaHan  people.  The  political  connection  of  the 
period  from  287  to  133  with  that  which  precedes  it  lies 
in  the  fact  that  in  it  the  institutions  created  during  the 
preceding  period  were  gradually  developed  and  adapted 
to  the  needs  of  the  people.  It  is  linked  to  the  subsequent 
period  by  the  fact  that  in  the  latter  the  forces  which  devel- 
oped out  of  the  new  social  and  political  conditions  result- 
ing from  the  great  wars  took  definite  shape,  and  furnished 
the  basis  of  a  new  political  reorganization.  During  these 
years  the  state  was  ruled  by  the  nobilitas,  a  fact  which  gives 
the  period  its  pohtical  unity.  Its  end  is  fixed  by  the  deter- 
mined stand  which  the  Gracchi  took  against  the  oligarchy 
in  the  name  of  the  democracy. 

57.  The  Senate  and  the  Popular  Assemblies.  After  the 
passage  of  the  Hortensian  law  the  Roman  government  was 
in  theory  essentially  a  democracy,  in  so  far  as  landowners 
were  concerned.  Its  magistrates  were  elected  by  the 
popular  assemblies,  and  the  measures  enacted  by  those 
bodies  were  valid  without  further  condition  in  the  case  of 
the  tribal  assemblies,  or  required  only  the  formal  prelimi- 
nary approval  of  the  patrician  senators  in  the  case  of  the 
centuriate  coinitia.  In  reality,  however,  the  government 
was  in  the  hands  of  an  oligarchy,  and  almost  all  the  legis- 
lation of  the  period  emanated  from  the  senate.  One  might 
almost  say  that  the  democracy  was  satisfied  with  the  posses- 
sion of  power  but  did  not  care  to  exercise  it.  There  is 
indeed  some  truth  in  this  way  of  stating  the  case.  The 
people  recognized  the  fact  that  the  senate  was  better  able 


66  REPUBLICAN   PERIOD:   HISTORICAL 

to  direct  the  policy  of  the  state  than  they  were  themselves. 
Now  and  then  they  asserted  their  constitutional  rights. 
This  was  the  case  in  232,  when  the  concilium  plebis,  under 
the  leadership  of  the  tribune  C.  Flaminius,  passed  a  bill, 
contrary  to  the  wishes  of  the  senate,  dividing  certain  land 
in  Picenum  and  Gaul.  Even  in  the  second  Punic  war,  in 
the  case  of  Scipio,  the  senate  was  forced  to  yield  to  the 
people  or  to  popular  sentiment.  In  general,  however,  the 
senate  had  a  free  hand  in  the  administration  of  affairs. 

The  reasons  are  not  far  to  seek.  The  number  of  voters 
during  this  period  ranged  from  250,000  to  300,000.  Many 
of  them  lived  at  a  great  distance  from  the  place  of  voting. 
It  was  obviously  inexpedient  to  call  together  such  an 
assembly  for  the  passage  of  ordinary  administrative  legis- 
lation. Many  matters,  especially  in  time  of  war,  require 
prompt  action.  This  could  not  be  secured  through  one  of 
the  popular  assemblies.  Furthermore,  the  questions  which 
came  up  for  consideration  were  far  more  difficult  to  settle 
than  those  of  earlier  years  had  been.  The  scene  of  active 
operations  at  present  was  far  from  Rome.  The  average 
Roman  knew  little  about  the  conditions  abroad,  and  was 
not,  therefore,  in  a  position  to  express  an  intelligent 
opinion  on  the  majority  of  the  questions  at  issue.  What 
made  matters  worse  was  the  fact  that  adequate  discussion 
in  the  contio,  which  preceded  the  casting  of  the  ballots,  was 
impossible.  The  senate,  however,  was  eminendy  qualified 
to  meet  all  the  conditions  mentioned.  It  was  a  body  of 
only  three  hundred  members,  so  that  it  could  be  called 
together  quickly,  and  could  discuss  fully  any  important 
question  laid  before  it.  Its  members  were  men  of  means 
who  could  afford  to  meet  frequently  for  the  transaction  of 
public  business.  This  fact  alone  would  have  given  the 
senate  precedence  over  any  one  of  the  popular  assemblies, 


SUPREMACY   OF  THE   NOBILITAS  6^ 

for  administrative  legislation  at  least.  A  still  greater  advan- 
tage which  the  senate  had  lay  in  the  character  of  its  com- 
position after  the  passage  of  the  Ovinian  law.  Under  that 
law  it  became  a  body  of  ex-magistrates,  whose  experience 
in  administration  and  knowledge  of  affairs  at  home  and 
abroad  fitted  them  in  a  peculiar  way  to  settle  wisely  the 
complicated  questions  of  foreign  policy  which  engaged  the 
attention  of  the  Roman  people  during  this  period.  One 
should  also  bear  the  fact  in  mind  that  the  senate  had 
always  played  a  leading  part  in  directing  the  foreign  policy 
of  the  state.  In  managing  foreign  affairs  during  the  period 
of  the  great  wars  it  was,  therefore,  in  large  measure  follow- 
ing well-established  tradition,  and  as  foreign  questions 
completely  overshadowed  domestic  affairs  in  number  and 
importance,  another  reason  for  the  ascendency  of  the  senate 
as  a  legislative  body  is  apparent.  Not  only  did  the  quali- 
fications of  the  senate  help  it  to  acquire  a  supremacy  in 
legislative  affairs,  but  it  found  means  to  prevent  the  popular 
assemblies  from  taking  the  initiative  in  such  matters.  A 
popular  assembly  could  meet  only  when  it  was  called 
together  by  a  magistrate  or  a  tribune,  and  only  to  discuss 
such  matters  as  were  laid  before  it  by  a  magistrate  or 
tribune.  Now  both  these  classes  of  officials  were  under 
the  control  of  the  senate,  so  that  it  was  practically  impos- 
sible to  get  a  bill  of  which  the  senate  did  not  approve 
before  any  one  of  the  assembhes. 

58.  The  Senate  and  the  Magistrates.  What  has  been 
said  will  explain  in  part  the  influence  which  the  senate 
exercised  over  the  magistracies.  The  Ovinian  law  had  made 
the  senate  a  body  of  ex-magistrates.  All  of  the  senators 
were  men  of  experience  in  government.  Some  of  them 
were  ex-consuls  who  had  filled  with  distinction  the  same 
ofifice  which  their  presiding  officer  was  now  filling.     Some 


68  REPUBLICAN    PERIOD:    HISTORICAL 

of  them  had  a  greater  technical  knowledge  of  the  questions 
at  issue  than  he  had  himself.  Furthermore,  strong  motives 
of  self-interest  bound  the  members  of  the  senate  together 
in  maintaining  and  extending  its  ])restige.  The  consul 
himself  came  from  their  number  ;  he  was  imbued  with  their 
ideas  of  government  and  at  the  end  of  the  year  he  would 
return  to  their  ranks.  It  was  impossible  for  him  to  make 
a  stand  against  such  influences  as  these.  His  submission 
to  the  senate  was  inevitable.  In  the  earlier  period  the  list 
of  senators  was  drawn  up  by  the  consul  and  he  probably 
exercised  some  discretion  in  the  matter  of  choice.  This 
duty  was  now  performed  by  the  censor,  so  that  membership 
in  the  senate  was  in  no  wise  dependent  on  the  favor  or 
approval  of  the  consul.  In  fact,  the  senate  was  practically 
independent  of  any  magistrate  in  this  respect.  The  Ovin- 
ian  law  had  instructed  the  censor  to  give  preference  to 
ex-magistrates  in  the  selection  of  senators,  and  the  rather 
extreme  interpretation  which  was  put  on  this  law  made  its 
action  automatic  and  practically  gave  ex-magistrates  the 
right  to  a  seat  in  the  senate.  The  tribune  was  not  much 
more  inclined  than  the  consul  to  take  the  initiative  in 
matters  of  legislation.  The  influences  which  controlled  the 
consul  affected  him  also.  Furthermore,  as  we  have  already 
noticed  (p.  44),  the  senate  had  taken  pains  to  cultivate 
friendly  relations  with  him.  His  office,  too,  was  a  stepping- 
stone  to  the  magistracies,  in  candidacy  for  which  the  support 
of  the  fwbilitas  would  be  of  great  importance.  The  result 
of  all  this  was  that  the  senate  met,  not  to  give  the  consul 
advice  which  he  was  free  to  accept  or  reject,  but  to  take 
action  which  he  was  expected  to  carry  out  as  its  minister. 

59.  Benefits  and  Evils  of  Senatorial  Government.  The 
system  of  senatorial  government  had  both  its  light  and  its 
dark  side.     Technical  administrative  questions  were  decided 


SUPREMACY   OF   THE    NOBILITAS  69 

by  a  body  of  experienced  administrators.  A  consistency 
and  continuity  was  given  to  Roman  policy  which  would 
hardly  have  been  possible  with  the  free  initiative  of  magis- 
trates holding  office  for  a  year  only.  The  element  of  selfish 
personal  ambition  was  in  large  measure  eliminated.  In 
fact,  the  senate  checked  in  its  own  interest  any  attempt  at 
self-aggrandizement.  However,  this  necessity  of  preventing 
an  individual  from  attaining  eminence  had  its  evil  side. 
Great  success  and  the  resultant  popularity  gave  rise  to 
distrust  in  the  minds  of  the  oligarchy,  so  that  at  a  critical 
moment  the  state  might  be  robbed  of  the  services  of  a 
valuable  leader.  (^The  senate  was  undoubtedly  actuated  by 
patriotic  motives  in  almost  all  of  its  actions,  but  it  was 
impossible  for  it,  in  domestic  affairs,  to  throw  off  entirely 
its  conservative  bias.  ;  In  foreign  affairs  the  results  of  a 
divided,  and,  therefore,  a  diminished,  responsibility  were 
painfully  apparent.  The  senate  often  adopted  a  policy  in 
deaUng  with  another  state  which  individual  senators,  had 
they  been  magistrates  vested  with  supreme  power,  would 
have  scorned  to  follow.  The  harmony  which  existed 
between  the  senate  and  its  commanders  in  the  field  during 
this  period  is  remarkable,  and  it  is  surprising  that  a  series 
of  great  wars  could  have  been  brought  to  a  successful  com- 
pletion under  the  joint  management  of  a  commanding  officer 
in  the  field  and  a  jealous  legislative  body  of  three  hundred 
members  at  home.  It  devolved  upon  the  senate  not  only 
to  maintain  a  supervision  over  the  military  operations  carried 
on  simultaneously  at  different  points  and  to  provide  money 
and  troops  for  the  various  campaigns,  but  also  to  assume  a 
general  care  of  newly  acquired  territory  in  Italy  or  abroad. 
The  last-mentioned  duty  imposed  on  the  senate  the  respon- 
sibility of  dravving  up  a  constitution  for  the  community  in 
question,  or  of  ratifying  a  treaty  with  it,  of  taking  necessary 


yo  REPUBLICAN   PERIOD:    HISTORICAL 

measures  to  protect  it  and  hold  it  in  subjection,  of  dividing 
the  provinces  among  the  various  classes  of  officials,  and  of 
receiving  foreign  ambassadors  and  deputations. 

60.  Magistracies.  The  subordination  of  the  magistrate 
to  the  position  of  minister  of  the  senate  involved  a  certain 
loss  of  prestige  on  his  part,  but  it  brought  partial  compen- 
sation with  it.  The  development  of  the  powers  of  the 
senate  gave  an  added  value  to  the  magistracies,  since  elec- 
tion to  one  of  them  carried  with  it  admission  to  the  senate. 
Indeed,  from  this  time  on  the  importance  of  a  magistracy 
consisted  largely  in  this  fact.  Furthermore,  the  immense 
gain  which  the  senate  made,  after  the  development  of  an 
imperial  policy,  in  the  variety  and  importance  of  its  func- 
tions, increased  correspondingly  the  scope  of  the  powers 
which  the  magistrate  enjoyed  who  followed  its  mandatory 
advice.  The  determination  of  the  senate  to  protect  itself 
against  ambitious  individuals  found  expression  in  various 
laws  affecting  the  magistrates  which  were  passed  in  this 
period.  In  180  the  tribune  L.  Villius  secured  the  passage 
of  a  law  which  fixed,  directly  or  indirectly,  the  age  at  which 
citizens  might  become  candidates  for  the  more  important 
offices  {giiot  annos  nati  quemque  ttiagistratum  peierent  cape- 
rentque).  By  this  measure  the  cmsus  honorum  was  estab- 
lished. Its  observance  would  prevent  an  ambitious  politician 
from  riding  into  power  on  a  wave  of  popular  enthusiasm. 
As  early  as  the  fourth  century  any  one  who  had  held  a 
given  magistracy  was  ineligible  for  reelection  to  the  same 
office  until  an  interval  of  ten  years  had  elapsed.  Even  this 
stringent  provision  did  not  satisfy  the  oligarchy,  and  toward 
the  close  of  the  period  we  are  considering,  —  that  is,  about 
the  middle  of  the  second  century,  —  reelection  to  the  con- 
sulship was  absolutely  forljiddcn.  In  the  next  century,  how- 
ever, Sulla  reverted  to  the  legislation  uf  the  earlier  period. 


SUPREMACY   OF   THE   NOBILITAS  /I 

61.  Bribery  and  Ballot  Laws.  The  laws  against  bribery 
and  providing  for  a  secret  ballot  are  also  to  be  attributed 
largely  to  the  desire  of  the  oligarchy  to  protect  itself  against 
ambitious  and  unscrupulous  politicians.  A  careful  study  of 
the  legislation  against  bribery  would  throw  a  flood  of  light 
on  the  history  of  Roman  morals  during  the  last  century  of 
the  republic,  and  undoubtedly  men  like  Cato,  in  supporting 
legislation  to  check  the  evil,  were  actuated  mainly  by  a 
desire  to  stem  the  tide  of  degeneracy,  but  the  real  pur- 
pose of  the  early  laws  on  that  subject  was  political.  A  new 
lex  de  a7nbitu  was  passed  in  i8i.  A  second  followed  in 
159.  The  lex  Gabinia  of  139,  which  provided  for  a  secret 
ballot  at  elections,  the  lex  Cassia  of  137,  and  the  lex 
Papiria  of  131,  which  made  the  same  provision  for  meet- 
ings of  the  comitia,  respectively  as  a  court  and  as  a  legisla- 
tive body,  were  intended  to  accomplish  essentially  the  same 
purpose  as  the  laws  against  bribery,  in  a  different  but  per- 
haps in  a  more  effective  way. 

62.  Change  in  the  Number  and  Functions  of  the  Praetors. 
The  only  change  of  any  moment  in  the  magisterial  system 
was  the  addition  of  another  praetor  toward  the  end  of  the 
first  Punic  war,  the  increase  in  the  number  of  these  officials 
from  two  to  four  in  227,  and  to  six  in  197.  The  second  prae- 
tor was  chosen  to  take  charge  of  cases  in  which  foreigners 
were  concerned,  and  so  received  the  title  oi praetor  per egri- 
niis,  while  his  colleague,  who  presided  in  matters  where  only 
citizens  were  parties  to  the  suit,  was  known  as  the  praetor 
iirbanus  (cf.  p.  187).  The  increase  in  the  number  of  prae- 
tors in  227  and  197  went  along  with  a  complete  change  in  the 
functions  of  certain  members  of  the  college,  since  the  four 
new  praetors  were  not  assigned  to  essentially  judicial  duties, 
but  were  made  governors  of  the  newly  acquired  provinces 
of  Sicily,  Sardinia,  Nearer  Spain,  and  Farther  Spain. 


^2  REPUBLICAN    PERIOD:    HISTORICAL 

63.  The  Quaestorship  and  Dictatorship.  The  addition  of 
four  new  quaestors  in  267,  which  raised  the  number  in  the 
college  to  eight,  brought  with  it  no  radical  change  in  the 
duties  of  those  officials.  It  was  a  natural  consequence 
of  the  extension  of  Roman  territory.  The  new  quaestors 
were  the  financial  representatives  of  the  central  govern- 
ment in  the  various  sections  of  Italy.  It  is  significant  of 
the  thoroughness  which  the  senate  showed  in  carrying  out 
its  oligarchical  policy  that  dictators  for  other  than  such 
temporary  and  special  purposes  as  the  holding  of  an  elec- 
tion during  the  absence  of  both  consuls,  or  the  annual 
driving  of  a  nail  in  the  wall  of  the  temple  of  Jujjiter,  were 
rarely  appointed  during  this  period,  and,  when  they  were 
chosen,  they  deferred,  not  less  than  the  consuls,  to  the 
senate.  The  choice  of  a  plebeian  for  the  first  time  as 
pontifex  maximus  in  253  is  little  more  than  an  echo  from 
the  din  of  battle  of  an  earlier  period. 

64.  The  Censorship.  The  censor's  office  became  one  of 
immense  political  and  moral  importance  during  the  period 
which  we  are  considering.  His  main  constitutional  func- 
tions consisted  in  assessing  the  property  of  citizens,  in 
preparing  a  register  of  them  according  to  tribes,  classes, 
and  centuries,  in  drawing  up  the  list  of  senators,  and  in 
managing  the  finances  of  the  state.  The  increased  impor- 
tance of  this  magistracy  was  due  to  a  variety  of  causes. 
Foremost  among  these  should  be  mentioned  the  precedent 
set  by  Appius  Claudius  in  his  performance  of  the  duties  of 
that  office  in  312.  We  have  already  noticed  (j).  54)  the 
autocratic  manner  in  which  he  changed  the  composition  of 
the  tribes  and  the  centuries.  The  reaction  of  304  was  not 
a  protest  against  the  exercise  of  such  powers  by  the  censor, 
but  rather  a  reversal  of  the  action  of  one  censor  by  another. 
The  right  of  the  censor  to  make  such  radical  changes  as 


SUPREMACY   OF   THE   NOBILITAS  73 

Appius  had  made  was,  therefore,  strengthened  and  not 
weakened  by  the  events  of  304.  In  fact,  the  reform  of 
the  centuriate  assembly  in  241  was  probably  due  in  large 
measure  to  the  efforts  of  the  censor.  The  immense  increase 
in  the  income  and  the  expenditure  of  the  government  which 
resulted  from  the  prosecution  of  a  long  series  of  wars  and 
the  acquisition  of  provinces,  was  a  still  more  potent  factor 
in  giving  importance  to  his  office.  The  taxes  levied  in  the 
new  provinces  were  farmed  out  to  the  highest  bidders,  and 
the  contracts  were  made  by  the  censor  in  the  name  of  the 
state.  Besides  the  income  from  this  source,  immense  sums 
of  money  came  into  the  treasury  in  the  form  of  booty. 
Aemilius  Paulus,  for  instance,  brought  home  300,000,000 
sesterces  after  the  war  with  Perseus. 

It  is  difficult,  with  the  scanty  infoniiation  we  have,  to 
account  for  the  development  of  the  right  to  supervise  the 
morals  of  the  people  which  the  censor  exercised  in  the 
third  century.  -  This  is  the  probable  course  of  events,  how- 
ever :  In  drawing  up  a  register  of  a  tribe  or  -a  class  it  was 
necessary  for  him  to  inquire  closely  into  such  matters  as 
the  name,  age,  residence,  family,  and  property  of  each 
citizen  (cf.  p.  192).  It  is  probable  that  he  gradually 
extended  the  range  of  his  inquiry  to  cover  also  the  man- 
ner of  life  of  citizens,  without  waiting  for  legislation  to 
authorize  him  in  taking  such  a  course.  Such  action  on  his 
part  would  find  abundant  justification  in  the  determined 
stand  which  the  community  was  making  against  the  degen- 
erate tendencies  of  the  time.  In  fact,  the  functions  of  the 
censor  made  his  office  the  natural  agency  to  employ  in  the 
effort  to  preserve  the  integrity  of  the  Roman  character. 

65.  Improvement  in  the  Judicial  System.  A  develop- 
ment of  some  importance,  which  for  convenience  may  be 
mentioned  in  this  connection,  consisted  in  the  improvement 


74  REPUBLICAN    PERIOD:    HISTORICAL 

of  the  judicial  system,  by  sending  praefecti  iuri  dictmdo  to 
various  i)oints  in  Italy  to  represent  the  praetor,  and  by  the 
occasional  establishment  of  judicial  commissions  to  take 
the  place  of  the  popular  assemblies  in  the  trial  of  certain 
criminal  cases.  The  advantage  which  a  small,  select  body 
had  over  a  popular  assembly  in  such  cases  was  so  apparent, 
that  by  the  lex  Calpurnia  of  149  a  permanent  court  was 
established  for  the  trial  of  magistrates  guilty  of  peculation 
in  office,  the  so-called  qiiaestio  (^perpetua)  de  {peamiis) 
repetiindis.  The  historical  importance  of  this  innovation 
lies  largely  in  the  fact  that  it  was  the  first  step  toward  the 
organization  which  Sulla  made  in  the  next  century  of  a 
fairly  complete  judicial  system.  It  is  interesting  to  note 
that  the  offense,  of  which  the  first  standing  court  was  to 
take  cognizance,  was  extortion.  Evidently  the  magistrates 
had  already  found  it  necessary  to  seek  reimbursement  in 
the  provinces  for  the  great  expenses  attendant  on  an  elec- 
tion to  office  at  Rome.  The  establishment  of  a  court  to 
try  those  guilty  of  peculation  goes  hand  in  hand  with  the 
legislation  against  bribery.  Little  immediate  gain  could  be 
expected  from  the  court,  however,  because  its  juries  were 
made  up  exclusively  of  senators,  and  could  hardly  be  trusted 
to  convict  senatorial  governors. 

66.  Reform  of  the  Centuriate  Comitia.  The  most  com- 
prehensive political  change  of  this  period  which  affected 
the  whole  people  was  the  reform  of  the  centuriate  assembly 
about  241.  That  body  was  completely  reorganized  on  the 
tribal  basis.  Each  of  the  tribes  was  divided  into  sefiiores 
and  iuniores ;  then  the  members  of  each  of  these  two  sec- 
tions were  assigned  to  classes  according  to  their  wealth,  the 
members  of  each  class  of  seniores  and  iutiiores  forming  a 
century.  The  division  of  each  of  the  thirty-five  tribes  into 
centuries  is  indicated  in  the  following  diagram. 


SUPREMACY   OF  THE   NOBILITAS 


75 


Seniores 

Century  of  ist  class 

«       "      2d      " 

"      "      3d      " 

"       "      4th     « 

Tribus 

"       «      5th     « 

Century  of  ist  class 

«       «      2d      " 

u         u        3(1        .. 

luniores 

"       "      4th     " 

«       «'      5th     " 

To  the  three  hundred  and  fifty  centuries  thus  formed  there 
should  be  added  eighteen  centuries  of  knights,  four  supple- 
mentary centuries,  not  definitely  enrolled  in  the  classes,  and 
one  century  of  proletarii,  making  a  grand  total  of  three 
hundred  and  seventy-three.  The  property  quaUfication  for 
admission  to  the  several  classes  was  henceforth  calculated 
on  a  money  basis,  and  was  probably  raised  for  each  class, 
but  of  this  we  cannot  be  sure.  It  is  clear,  at  all  events, 
that  the  new  organization  was  of  a  far  more  democratic 
character  than  the  old  one.  In  the  old  body  the  number 
of  centuries  in  the  first  class,  supplemented  by  the  knights, 
was  greater  than  that  in  all  the  rest  put  together.  The 
eighteen  centuries  of  knights  combined  with  the  eighty 
centuries  of  that  class  constituted  a  majority.  In  the 
reformed  organization  the  number  of  centuries  in  each 
class  was  the  same,  so  that  the  only  advantage  which 
wealth  gave  lay  in  the  fact  that  the  centuries  of  the  upper 
classes  were  probably  smaller  than  those  of  the  lower 
classes,  and  yet   had   equal  weight  with   them   in  voting. 


^6  REPUBLICAN    PERIOD:    HISTORICAL 

In  one  other  respect  the  organization  fell  short  of  being 
strictly  democratic.  The  seniores  in  a  given  tribe,  that  is, 
the  men  between  forty-six  and  sixty  years  of  age,  made  up 
five  centuries,  so  that  they  had  as  great  a  voting  power  as 
the  iuniorcs,  or  men  between  seventeen  and  forty-six  years 
of  age,  although  by  the  natural  laws  of  mortality  there  can- 
not have  been  more  than  half  as  many  of  the  former  as 
of  the  latter  in  a  tribe.  Therefore,  although  the  reformed 
centuriate  assembly  was  essentially  democratic,  wealth  and 
age  enjoyed  indirectly  some  advantages. 

67.  The  Tribal  Assemblies.  Legislation  of  the  fifth  cen- 
tury, possibly  the  kx  Atcrnia  Tarpeia  of  the  year  454,  had 
allowed  magistrates,  tribunes,  and  plebeian  aediles  to  impose 
fines  up  to  a  certain  limit.  All  cases  involving  a  larger 
amount  than  the  minimum  fixed  could  be  appealed  to  the 
tribal  assembly.  The  effect  of  this  arrangement  was  to 
make  the  tribal  assemblies  criminal  courts  of  appeal  in  all 
but  capital  cases.  This  change  had  its  political  side.  It 
enabled  the  tribune  to  hold  a  magistrate  responsible  for  his 
conduct,  but  its  value  in  this  respect  was  in  large  measure 
offset  by  the  use  of  the  court  for  ])artisan  purposes.  An 
important  step  toward  robbing  the  tribal  assemblies  of  their 
judicial  functions  altogether  was  taken  toward  the  close  of 
this  period  by  the  establishment,  in  149,  of  the  first  quaestio 
perpetua  (p.  74). 

The  most  important  laws  of  this  period  were  passed  in 
the  tribal  assembly.  For  instance,  the  leges  Villia  (p.  70), 
Galnnia  (p.  71),  Cassia  (p.  71),  Calpuniia  (p.  74),  and 
various  sumptuary  laws,  e.g.,  the  lex  Oppia  and  the  lex 
Orehia,  were  a\\  plehiseiia.  The  tribal  assembly  met  within 
the  city  and  had  a  simpler  organization  than  the  centuriate 
assembly.  Furthermore,  the  tribune  who  presided  over  the 
concilium  pledis  Tepresentcd  belter  than  the  magistrate  the 


SUPREMACY   OF   THE    NOBILITAS  TJ 

^^<!)gressive  sentiment  of  the  community.  The  leges  Aelia 
et  Fufia  of  about  155  applied  the  auspices  to  the  tribal 
assemblies  for  the  first  time.  The  senate  secured  the 
passage  of  this  law  for  the  purpose  of  preventing  undesir- 
able action  in  the  tribal  assembly,  when  all  other  forms  of 
opposition  had  failed.  As  a  defensive  weapon,  however, 
the  measure  was  of  little  avail. 

68.  Growth  of  the  Proletariat.  The  economic  changes 
in  the  condition  of  the  people  were  far  more  serious  than 
the  political.  The  immediate  result  of  them  was  the 
widening  of  the  gap  between  the  rich  and  the  poor.  A 
number  of  reasons  may  be  given  for  the  growth  of  the 
proletariat  on  the  one  hand,  and,  on  the  other,  for  the 
acquisition  of  great  wealth  by  the  favored  few.  The  long 
wars  had  taken  the  peasant  proprietors  from  home,  and 
their  land,  left  without  cultivation,  rapidly  deteriorated  in 
value.  Hannibal's  occupation  of  Italy  increased  the  dam- 
age which  had  resulted  from  neglect,  and  at  the  close  of 
the  second  Punic  war  a  large  part  of  the  land  in  Italy  had 
passed  out  of  cultivation.  This  change  bore  heavily  on  the 
free  laborer  also.  The  demand  for  his  services  was  greatly 
diminished  by  the  transformation  of  arable  into  pasture 
land,  and  the  introduction  of  a  vast  number  of  slaves 
brought  his  wages  down  to  a  very  low  point  and  put  a 
stigma  on  manual  labor.  The  massing  of  landed  property 
in  the  hands  of  a  few  and  the  employment  of  slave  labor 
made  the  business  of  the  peasant  proprietor  unprofitable. 
Competition  with  the  newly  acquired  provinces  was  still 
more  disastrous  to  him.  The  ranks  of  the  proletariat, 
which  were  reinforced  in  this  way  by  free  laborers  out  of 
work  and  by  bankrupt  peasant  proprietors,  were  still  further 
swelled  by  the  manumission  of  slaves.  Many  of  the  slaves 
who  had  been  brought  to  Rome  as  captives  during  the  wars 


78  REPUBLICAN    PERIOD:    HISTORICAL 

outside  of  Italy  were  clever  artisans  or  good  farmers,  and 
their  owners  found  it  more  profitable  to  manumit  them,  give 
them  a  small  capital,  and  share  in  the  profits  of  the  enter- 
prise, than  to  retain  them  as  slaves.  This  condition  of 
things  was  somewhat  relieved  in  the  early  part  of  the  period 
by  drawing  off  large  numbers  of  the  proletarii  to  the  newly 
estabUshed  colonies.  Ten  or  twelve  colonies  were  founded 
in  the  interval  between  287  and  the  close  of  the  second 
Punic  war,  and  twice  as  many  in  the  early  part  of 
the  second  century,  but  after  180  we  hear  of  only  one 
new  colony,  so  that  the  proletariat  lost  even  this  form  of 
relief. 

69.  Amassing  of  Great  Fortunes.  The  aggrandizement 
of  the  rich  kept  pace  with  the  impoverishment  of  the  mid- 
dle classes.  Several  states  in  southern  Italy,  which  had  sided 
with  Hannibal,  were  punished  after  the  close  of  the  second 
Punic  war  by  being  deprived  of  a  large  portion  of  their  ter- 
ritory. The  rich  men  at  Rome  found  little  difficulty  in  get- 
ting possession  of  the  greater  part  of  this  confiscated  land. 
The  acquisition  of  territory  beyond  the  sea  was  of  immense 
value  to  the  capitalist  and  successful  politician.  On  the 
one  hand,  it  gave  the  Roman  officials  who  were  sent  out  to 
the* provinces  a  good  opportunity  to  amass  fortunes  at  the 
expense  of  the  provincials.  On  the  other  hand,  the  con- 
quests in  Spain  and  the  East  opened  new  outlets  for  trade, 
which  the  special  privileges  granted  to  Roman  citizens,  and 
the  destruction  of  Rome's  commercial  rival,  Carthage, 
threw  almost  entirely  into  the  hands  of  the  Roman  mer- 
chant and  banker,  and  Roman  capitalists  began  to  reap  rich 
returns  for  the  investment  of  their  money.  Another  profit- 
able field  for  investment  was  the  collection  in  the  new 
provinces  of  the  taxes  which  the  state  let  out  by  contract 
to  private  citizens.     Since    the    provincials   were  without 


SUPREMACY   OF   THE    NOBILITAS  -79 

defense,  and  the  ruling  class  at  Rome  winked  at  the  extor- 
tionate demands  of  its  representatives  abroad,  enormous 
fortunes  were  made  in  a  short  time.  The  evils  which 
naturally  follow  a  sudden  increase  in  wealth  were  aggravated 
by  the  fact  that  the  conquest  of  Magna  Graecia  and  the 
East  brought  the  Romans  into  contact  with  a  highly  devel- 
oped civiHzation  to  which  their  previous  simple  life  was  in 
marked  contrast.  The  development  of  luxurious  tastes  and 
the  means  of  gratifying  them  came  simultaneously,  and  the 
rich  Roman  rushed  into  reckless  expenditure  on  his  house- 
hold and  his  retinue  with  the  intemperance  which  charac- 
terizes the  parvenu.  The  long  series  of  sumptuary  laws, 
which  began  with  the  lex  Oppia  of  215,  is  in  itself  a  striking 
proof  of  the  tendency  of  the  time.  The  attempt  to  check 
the  growing  evil  by  legislation  was  of  as  little  effect  as  such 
efforts  usually  are.  In  fact,  the  lex  Oppia  itself  was  repealed 
after  it  had  been  in  force  only  twenty  years.  The  severe 
measures  which  the  censors  took  to  check  extravagance 
were  of  as  little  permanent  value. 

70.  Political  Results.  The  immense  increase,  on  the 
one  hand,  in  the  number  of  freedmen,  and  of  freemen  out 
of  work,  and,  on  the  other,  the  acquisition  of  large  fortunes 
by  a  few,  had  a  most  disastrous  effect  on  Roman  politics. 
A  large  number  of  freedmen  and  of  those  who  had  lost  their 
holdings  or  their  occupation  in  the  country  districts  drifted 
to  Rome  and  were  admitted  to  the  popular  assemblies,  in 
so  far  as  their  property  allowed  it.  Their  votes  were  in 
many  cases  to  be  had  by  the  candidate  who  gave  the  most 
for  them,  or  whose  games  were  the  most  magnificent.  The 
laws  to  punish  bribery  and  to  provide  for  a  secret  ballot,  to 
which  reference  has  already  been  made  (p.  71),  furnish  an 
indication  of  the  growing  demoralization  of  the  popular 
assemblies.     The  great   inequality  in  wealth  had  another 


8o  REPUBLICAN    PERIOD:    HISTORICAL 

unfortunate  political  result.  It  gave  rise  to  a  spirit  of 
dependence  among  the  great  mass  of  the  people,  in  some 
cases  of  hostility  toward  the  rich  on  the  part  of  the  poor, 
which  found  expression  in  class  legislation  of  various  kinds. 
Thus,  in  217,  the  democratic  leader  Flaminius  secured  the 
passage  of  a  bill  lowering  the  money  standard;  in  216  a 
commission  was  established  to  facilitate  the  negotiation  of 
loans ;  and  in  the  same  decade  a  law  was  passed  prohibiting 
senators  from  owning  ships  of  more  than  a  certain  tonnage. 

71.  The  Conquest  of  Southern  Italy.  The  conclusion  of 
the  third  Samnite  war  had  already  made  Rome  mistress 
of  central  Italy.  A  petty  quarrel  with  Tarentum,  in  282, 
opened  the  way  for  her  conquest  of  southern  Italy.  In 
the  war  which  followed,  the  Tarentines  and  their  allies  in 
southern  Italy  were  unable  to  cope  with  Rome  and  sent  to 
Pyrrhus,  the  king  of  Epirus,  for  help.  He  inflicted  a  severe 
defeat  on  the  Romans  near  Heraclea  in  280,  and  advanced 
through  Samnium  and  Campania  to  the  borders  of  Latium ; 
but  at  that  point  he  turned  back.  Again,  in  279,  Pyrrhus 
was  successful  at  Asculum,  and  negotiations  looking  to 
peace  were  entered  into  ;  but  the  appearance  of  a  Cartha- 
ginian fleet  at  Ostia  offering  help  induced  the  Romans  to 
refuse  all  terms.  The  urgent  requests  which  the  Greeks  in 
Sicily  made  for  help,  and  his  discouragement  over  the  state 
of  affairs  in  Italy,  led  Pyrrhus  to  cross  to  Sicily  in  278. 
After  an  unsatisfactory  campaign  in  that  island,  he  returned 
to  Italy  in  275,  was  defeated  by  the  consul  M'.  Curius  at 
Beneventum,  and  retired  permanently  from  Italy,  leaving 
Rome  free  to  bring  the  cities  in  the  lower  part  of  the 
peninsula  completely  under  her  control. 

72.  The  First  Punic  War.  The  harmonious  relations 
which  existed  between  Carthage  and  Rome  during  the  war 
with   Pyrrhus  were   brought   to  an   untoward   end  by  the 


SUPREMACY    OF  THE    NOBILITAS  8 1 

course  of  events  in  Sicily,  Besides  her  possessions  in 
Africa,  Carthage  controlled  Sicily,  with  the  exception  of 
Syracuse  and  Messana,  and  also  Sardinia,  Corsica,  the 
Balearic  islands,  and  the  south  coast  of  Spain.  An  oppor- 
tunity presented  itself  in  264  to  make  herself  mistress  of 
Messana  also,  and  she  eagerly  embraced  it.  One  party  in 
this  city,  however,  appealed  to  Rome  for  help,  and  the 
senate  was  forced  by  popular  clamor  to  send  the  consul 
Appius  Claudius  to  its  assistance.  The  Romans  were  suc- 
cessful on  land,  but  they  found  that  such  success  would 
count  for  little  as  long  as  Carthage  controlled  the  sea. 
Accordingly  they  fitted  out  a  fleet  in  the  year  260  which 
won  a  great  victory  off  Mylae,  and  from  this  time  on  the 
contest  was  in  large  measure  a  struggle  for  naval  supremacy. 
In  fact,  the  defeat  of  the  Carthaginian  fleet  by  Catulus  in 
241  brought  the  war  to  an  end.  Had  it  not  been  for  their 
new  allies,  the  Romans  would  have  been  helpless  in  such 
a  struggle,  but  the  .seamanship  of  the  Greeks  of  southern 
Italy,  and  the  knowledge  which  they  had  of  the  Sicilian 
coast,  helped  to  offset  the  naval  experience  of  Carthage. 
By  the  terms  of  peace  Carthage  gave  up  Sicily  to  Rome, 
surrendered  her  prisoners,  and  agreed  to  pay  a  war  indem- 
nity of  3200  talents.  Three  years  after  the  close  of  the 
war,  in  238,  when  she  was  weakened  by  a  long-continued 
mutiny  in  the  army,  she  was  forced  to  give  up  Sardinia  and 
Corsica  also. 

73.  War  with  the  Kelts  and  lUyrian  Pirates.  In  the 
years  which  followed  the  first  Punic  war,  Rome  strengthened 
her  position  in  Italy  and  on  the  Adriatic.  She  was  startled 
in  225,  however,  by  the  news  of  a  fresh  Keltic  invasion  on 
the  part  of  the  Boii  and  Insubres  and  Transalpine  merce- 
naries. Notwithstanding  the  enrollment  of  150,000  men 
for  the  protection  of  Italy,  the  invaders  advanced  as  far  as 


82  KEPUHLICAN    PERIOD:    HISTORICAL 

Clusium  in  Etniria,  and  defeated  a  detachment  of  the 
Roman  army  ;  but  the  approach  of  another  strong  force 
obliged  them  to  retire,  and  they  were  crushed  between  the 
two  Roman  armies  at  Telamon  in  Etniria.  The  su])mission 
of  the  Boii  followed  in  224;  that  of  the  Insubres,  who 
resisted  more  stubbornly,  in  222.  The  northern  frontier 
of  Italy  was  secured  by  planting  colonies  at  Mutina,  Pla- 
centia,  and  Cremona,  and  by  building  a  military  road,  the 
via  Flaminia,  to  Ariminum.  The  war  which  broke  out 
against  Illyria  in  229  had  the  two  practical  results  of  freeing 
Italian  trade  in  the  Adriatic  from  the  depredations  of  the 
Illyrian  pirates,  and  of  throwing  Rome  into  the  cauldron  of 
Greek  politics. 

74.  The  Second  Punic  War.  The  rapid  progress  which 
Carthage  was  making  in  Spain  disturbed  the  Romans  to 
such  an  extent  that  a  treaty  was  made  with  her,  by  the 
terms  of  which  she  agreed  to  limit  her  acquisitions  to 
the  region  south  of  the  Ebro.  The  city  of  Saguntum  lay 
south  of  that  river,  but  it  was  not  considered  necessary  to 
provide  for  her  independence  in  the  treaty  mentioned, 
because  she  was  in  alliance  with  the  Romans.  The  attack 
which  Hannibal  made  on  that  city  in  219  was,  therefore, 
a  direct  affront  to  Rome.  The  Carthaginians  refused  to 
grant  redress,  and  preparations  were  at  once  made  in 
Rome  to  fit  out  expeditions  against  Spain  and  Africa.  But 
Hannibal,  by  a  rapid  march  into  northern  Italy,  which  he 
reached  \vith  an  army  reduced  to  26,000  men,  put  the 
Romans  on  the  defensive,  and  by  brilliant  victories  on  the 
Ticinus  and  the  Trebia  in  218,  at  the  Trasimene  lake 
in  217,  and  in  the  following  year  at  Cannae,  put  the 
supremacy  of  Rome  in  Italy  in  extreme  peril.  In  fact, 
the  battle  of  Cannae  was  a  signal  for  the  withdrawal  of 
almost  all  the  cities  of  southern  Italy  from  their  alliance 


SUPREMACY   OF   THE   NOBILITAS  83 

with  Rome.  Only  a  few  seacoast  towns  remained  loyal, 
or  were  held  in  subjection  by  garrisons.  In  spite  of  these 
great  disasters  the  spirit  of  the  Romans  was  not  broken. 
They  adopted,  however,  the  policy  of  avoiding  a  direct 
trial  of  strength  with  Hannibal,  and  devoted  their  energy 
to  cutting  off  all  his  sources  of  supply.  With  this  object  in 
view  they  sought  to  regain  the  Italian  cities  which  had 
allied  themselves  with  Hannibal,  or  had  been  conquered 
by  him.  With  the  same  purpose  in  mind  they  carried 
on  a  vigorous  campaign  against  the  Carthaginians  and 
their  allies  in  Spain  and  Sicily.  The  result  of  this  policy 
was  that  Spain,  the  great  center  of  Carthaginian  strength, 
was  overrun  by  the  Romans,  and  Hasdrubal,  Hannibal's 
brother,  after  coming  into  Italy  in  response  to  Hannibal's 
urgent  request  for  reinforcements,  was  defeated  and  slain 
at  the  Metaurus  in  207,  and  Hannibal  himself  stood  alone 
with  his  little  army  in  a  corner  of  Italy.  The  Romans 
were  now  ready  for  a  bold  stroke,  and  in  204  the  senate, 
yielding  with  some  hesitation  to  popular  demand,  sent  over 
to  Africa  young  Scipio,  who  had  distinguished  himself  in 
Spain.  The  audacity  of  this  step  was  justified  by  the 
complete  victory  which  the  Roman  army  won  at  Zama  in 
202  over  Hannibal,  whom  the  Carthaginians  had  hastily 
recalled.  By  the  terms  of  the  peace,  which  was  concluded 
in  the  following  year,  Carthage  was  stripped  of  all  her 
foreign  territory,  and  even  in  Africa  Numidia  was  declared 
independent.  She  was,  furthermore,  forbidden  to  wage  war 
abroad,  and  in  Africa  except  with  the  consent  of  Rome. 
She  gave  up  her  fleet  also,  and  agreed  to  pay  an  indemnity 
of  10,000  talents. 

75.  First  Macedonian  War.  The  most  important  result 
of  the  war  against  the  Illyrian  pirates,  as  we  have  already 
noticed,  was  the  fact  that  Rome's  new  acquisitions  placed 


84  KErUHLICAN    PERIOD:    HISTORICAL 

her  in  a  jiosition  where  she  would  be  easily  involved  in  the 
meshes  of  Greek  politics.  The  inevitable  entanglement 
came  in  214.  King  Philip  of  Macedon,  with  an  envious  eye 
on  the  Roman  possessions  on  the  Illyrian  coast,  took  advan- 
tage of  Rome's  weakness,  after  the  battle  of  the  Trasimene 
lake,  to  form  an  alliance  with  Hannibal,  promising  him  help 
in  Italy  in  return  for  the  above-mentioned  Illyrian  towns. 
Rome  was  forced  to  accept  Philip's  challenge,  but  her  main 
purjwse  in  the  war  which  followed  was  to  prevent  him  from 
giving  help  to  Hannibal,  so  that  she  was  content,  in  the 
main,  with  putting  herself  at  the  head  of  the  Greek  states 
opposed  to  Philip,  and  not  unwillingly  made  peace  with  him 
in  205  on  terms  which  extended  the  limits  of  Macedonian 
territory. 

76.  Second  Macedonian  War.  But  the  successful  comple- 
tion of  the  second  Punic  war  left  Rome  free  to  deal  with 
the  Eastern  question,  and  the  development  of  Philip's 
ambitious  ])lans  seemed  to  make  interference  necessary. 
He  had  formed  a  plan  with  Antiochus  HI  of  Syria  for 
the  division  of  Egypt,  and  while  Antiochus  occupied  him- 
self with  the  conquest  of  Coele-Syria,  Philip  seized  Egypt's 
possessions  on  the  Aegean.  Rhodes  came  to  their  relief, 
and  later  joined  Athens  and  Egypt  in  asking  help  from 
Rome.  Philip  refused  to  grant  the  demands  which  a 
Roman  embassy  made  on  him  at  Abydos  in  200  that  he 
should  make  peace  with  the  Greeks,  give  up  the  territory 
which  he  had  taken  from  Egypt,  and  submit  his  quarrel 
with  Rhodes  to  arbitration  —  and  war  was  declared  at  once. 
Rome  was  assisted  by  Rhodes  and  by  Attains,  king  of  Per- 
ganium,  and  with  their  help  forced  Philip  to  yield  after  the 
battle  of  Cynoscephalae  in  197.  Philip  gave  up  his  con- 
quests, withdrew  from  Greece  proper,  surrendered  his  fleet, 
and  paid  a  vvar  indemnity.    The  Greeks  were  declared  free. 


SUPREMACY    OF   THE    NOBILITAS  85 

and  Rome's  friends  and  allies  in  Greece  were  treated  with 
unparalleled  generosity.  By  adopting  this  plan,  instead  of 
following  her  usual  policy  of  territorial  aggrandizement, 
Rome  furnished  a  proof  of  her  admiration  for  the  Greek 
civilization,  and  avoided  rousing  the  passionate  opposition 
of  the  whole  Greek  world.  What  motive  determined  her 
course  it  is  hard  to  say. 

77.  War  with  Antiochus.  In  the  meantime  Antiochus 
had  completed  the  conquest  of  Coele-Syria,  and  in  197 
proceeded  to  seize  the  Egyptian  possessions  on  the  south 
coast  of  Asia  Minor.  Notwithstanding  the  urgent  appeals 
of  Eumenes  of  Pergamum  and  the  free  Greek  cities,  Rome 
could  not  be  induced  to  interfere  with  the  movements  of 
Antiochus  in  Asia,  but  when  he  crossed  the  Aegean  sea  in 
192,  on  the  invitation  of  the  Aetolians,  an  army  was  sent 
against  him.  His  utter  defeat  at  Thermopylae  in  the  year 
191  drove  him  out  of  Europe,  and  vindicated  the  main 
principle  for  which  Rome  was  contending,  that  of  the  non- 
interference of  foreign  potentates  in  European  politics  ;  but 
the  opportunity  to  break  the  power  of  Antiochus  was  so 
promising  that  the  Romans  followed  him  into  Asia,  and 
inflicted  a  crushing  defeat  on  him  at  Magnesia  in  Lydia 
in  the  year  190.  Peace  was  made  on  condition  that  he 
should  retire  beyond  the  Taurus,  pay  15,000  talents,  and 
limit  his  fleet  to  ten  ships  of  war.  Rome's  allies  were  flat- 
tered by  being  allowed  to  take  part  in  the  peace  negotia- 
tions, and  were  rewarded  for  their  services  by  valuable  gifts 
of  territory. 

78.  The  Third  Macedonian  War.  Among  others,  Philip 
of  Macedon  had  supported  the  Romans  loyally,  and  in 
return  he  received  Demetrias  and  a  certain  amount  of 
territory  in  Thessaly  and  Aetolia.  But,  suspicious  of  his 
growing  influence  in  Greece,  the  Romans  a  few  years  later 


86  REPUBLICAN    PERIOD:    HISTORICAL 

took  his  new  j)Ossessions  from  him.     Their  susi)icions  were 
not    without    justification.      Jealousy    of   Rome's  interfer- 
ence in  Greek  politics  was  growing  rapidly  ;  the  national 
spirit  of  the  Greeks  was  developing,  and   Philip  cleverly 
appealed  to  both  these  sentiments.    His  successor,  Perseus, 
strengthened  the  position  of  Macedonia  by  alliances  with 
his  neighbors.      The  attempted    assassination    of   Rome's 
friend,  Eumenes  of  Pergamum,  at  Delphi,  at  the  supposed 
instigation  of  Perseus,  and  the  support  which  Rome  gave 
to  a  petty  Thracian  prince  banished  by  Perseus,  fanned 
the  smouldering  embers  into  flame,  and  war  broke  out  in 
171.     Success  attended    the   Macedonians  at   the   outset, 
and  the  Romans  pretended  to  consider  favorably  the  pro- 
posals  of  peace.      Their  real    purpose,  however,   was    to 
crush  Macedonia  completely,  and  this  object  they  accom- 
plished by  their  success  at   Pydna   in   168.     The   former 
kingdom  of  Macedonia  was  divided   into  four  parts,  each 
independent  of  the  other,  and  one-half  of  the  tribute  for- 
merly paid  to  the  king  was  turned  into  the  Roman  treasury. 
79.    Subsequent  Changes  in  Macedonia,  Greece,  and  Spain. 
The  partition  of  the  country  led  to  endless  confusion,  and 
a  pretender,  named  Andriscus,  took  advantage  of  this  state 
of  things  to  put  himself  at  the  head  of  reunited  Macedonia. 
He  was  defeated  without  much  difficulty  in  148,  and  Rome 
at  once  made  Macedonia  a  province,  adding  to  it  southern 
Illyria,  Epirus,  and  Thessaly.     The  settlement  of  affairs  in 
Greece  proved  to  be   equally  unsatisfactory.     The  Greek 
states   were  constantly  quarreling.      The   hostility  toward 
Rome  was  persistent,  and  the  Achaean  league  was  devel- 
oping strength  and  confidence  in  a  way  which  threatened 
to  make  it  the  central  point  of  an  uprising.     The  trouble 
reached  a  climax  in  147,  when  the  Achaeans  declared  war 
against  Sparta,  in  spite  of  warnings  from  Rome  against  the 


SUPREMACY   OF   THE   NOBILITAS  8/ 

adoption  of  such  a  course.  The  Romans  put  an  army  in  the 
field  at  once.  The  Achaeans  on  their  side  were  joined  by 
the  Boeotians,  Euboeans,  Phocians,  and  Locrians.  The  war 
was  of  short  duration,  and  after  its  conclusion  the  Achaean 
league  was  disbanded,  Corinth  destroyed,  and  the  greater 
part  of  Greece  was  placed  under  the  supervision  of  the 
governor  of  Macedonia.  The  policy  of  Rome  in  Greece 
and  the  Orient  was,  not  to  extend  her  sovereignty,  but  to 
weaken  the  strong  powers  already  existing  in  those  quar- 
ters and  to  prevent  the  growth  of  new  ones.  In  the  unciv- 
ilized West  her  purpose  was  very  different.  In  Spain  she 
acquired  from  Carthage,  as  a  result  of  the  second  Punic 
war,  only  the  southern  portion  of  the  peninsula.  This  terri- 
tory was  divided  into  two  provinces  and  assigned  to  prae- 
tors. The  unwise  and  cruel  rule  of  the  Roman  governors 
and  their  subordinates  brought  on  an  uprising  in  154,  which, 
beginning  first  with  the  Lusitanians,  spread  far  and  wide, 
and  cost  the  Romans  twenty  years  of  determined  effort  to 
crush.  After  the  fall  of  Numantia  in  133,  the  last  point 
of  resistance,  peace  reigned  in  Spain  for  many  years. 

80.  The  Third  Punic  War.  The  Romans  looked  across 
the  Mediterranean  at  the  regeneration  of  Carthage  after 
the  second  Punic  war  with  unmixed  anxiety.  Masinissa  of 
Numidia  took  advantage  of  their  jealous  attitude  to  claim 
on  one  pretext  or  another  certain  possessions  of  Carthage, 
until  at  last  the  Carthaginians  were  driven  to  the  point  of 
making  war  on  him.  This  step  was  in  contravention  of  the 
treaty  of  201,  and  Rome,  therefore,  sent  a  strong  army 
across  to  Carthage  in  149;  but  three  years  of  hard  fight- 
ing intervened  before  the  city  could  be  taken.  Carthage 
and  the  cities  faithful  to  her  were  destroyed  ;  a  part  of  the 
surrounding  territory  was  given  to  her  neighbors,  and  part 
was  taken  by  Rome  herself. 


88  REPUBLICAN    PERIOD:    HISTORICAL 

8i.  Development  of  Imperialism.  The  long  series  of  wars 
which  came  to  an  end  with  the  capture  of  Carthage  in  146, 
left  Rome  in  possession  of  large  tracts  of  new  territory 
outside  of  Italy.  Sicily,  with  the  islands  of  Sardinia  and 
Corsica,  she  felt  compelled  to  hold  for  the  protection  of 
Italy.  Spain  had  shown  itself  in  the  second  Punic  war 
such  a  point  of  vantage  for  Carthage  that  it  seemed  neces- 
sary to  take  it  under  Roman  control.  A  large  party  at 
Rome  had  come  to  feel  that  the  safety  and  growth  of  their 
native  city  required  the  destniction  of  Carthage,  and,  after 
she  had  been  destroyed,  it  could  be  regarded  as  a  matter 
of  duty  to  give  the  conquered  peoples  some  form  of  stable 
government.  In  the  case  of  Macedonia,  at  the  end  of  the 
first  war  the  fonn  of  government  was  left  unchanged,  and 
even  after  the  second  war  autonomy  was  granted  to  the 
four  sections  into  which  the  country  was  divided.  A 
Roman  government  was  imposed  on  the  people  only  after 
other  plans  had  failed.  In  other  words,  it  seems  clear  that 
Rome  did  not  deliberately  adopt  a  policy  of  conquest  and 
territorial  aggrandizement  outside  of  Italy,  but  the  protec- 
tion of  her  own  interests  seemed  to  make  an  extension  of 
territory  necessary  in  each  case.  The  successful  prosecu- 
tion of  these  wars,  however,  developed  the  thirst  for  con- 
quest ;  the  legitimate  and  illegitimate  profits  from  the  new 
territory  appealed  to  the  commercial  spirit  and  the  greed 
of  the  Romans,  and  the  control  of  Spain,  Italy,  Sicily, 
Sardinia,  Macedonia,  and  Africa,  which  made  Rome  the 
strongest  power  in  the  Mediterranean,  suggested  inevitably 
the  rounding  out  of  her  possessions  by  the  concjuest  of  Asia 
and  Egypt. 

82.  The  Model  adopted  for  Provincial  Government.  The 
Romans  organized  a  definite  government  in  Sicily  and  in 
Sardinia  and  Corsica  in  227,  in  the  two  Spains  in  197,  and 


SUPREMACY   OF   THE   NOBILITAS  89 

in  Macedonia  and  in  Africa  in  146.  The  earliest  form  of 
provincial  government  was  an  adaptation  of  the  system 
which  had  been  introduced  throughout  Italy,  with  two 
important  modifications,  however.  The  relations  which 
the  Italian  communities  bore  to  one  another  were  under 
the  direct  supervision  of  the  senate.  Such  supervision 
would  be  impossible  in  most  cases  for  territory  outside  of 
Italy.  Imperial  interests  were,  therefore,  placed  in  the 
hands  of  a  Roman  governor.  The  second  important  differ- 
ence consisted  in  the  fact  that  the  provincials  were  subject 
to  taxes  which  were  not  imposed  on  the  Italians.  This  is 
not  to  say  that  in  other  respects  the  provincials  were  as 
well  off  as  the  Italians.  In  practice  their  condition  was 
much  worse,  partly  because  they  were  largely  at  the  mercy 
of  a  governor  who  was  allowed  a  large  liberty  in  his  man- 
agement of  the  province,  whose  transgression  of  the  prin- 
ciples laid  down  to  check  his  exercise  of  autocratic  power 
it  was  almost  impossible  to  punish. 

83.  The  Lex  Provinciae  and  the  Governor.  The  govern- 
ment of  territory  outside  of  Italy  was  a  new  problem  for 
the  Romans,  so  that  various  experiments  were  tried  with  the 
earhest  provinces  before  an  essentially  permanent  system 
was  adopted.  But  from  146  down  to  the  later  years  of  the 
republic,  the  senate  drew  up  a  set  of  regulations  for  each 
new  province,  and  sent  a  commission  of  ten  to  the  province 
to  cooperate  with  the  commanding  general  in  putting  them 
into  execution,  and  in  arranging  such  details  as  seemed 
necessary.  This  body  of  regulations  formed  the  lex  pro- 
vinciae, or  constitution  of  the  province.  The  first  period  in 
the  history  of  the  provinces  extends  to  the  time  of  Sulla. 
Up  to  that  time  provision  was  made  for  their  government 
by  an  increase  in  the  number  of  praetors  as  provinces  were 
from  time  to  time  acquired.     The  provincial  governor  had 


90  REPUBLICAN    PERIOD:    HISTORICAL 

the  right  to  collect  money  and  supplies  for  war,  commanded 
the  troops  in  the  province,  and  exercised  jurisdiction  in 
criminal  and  civil  cases.  In  criminal  cases  he  could  even 
impose  a  sentence  of  death,  although  Roman  citizens,  after 
a  certain  date,  had  the  right  of  appeal.  In  his  administra- 
tion of  provincial  affairs  he  was  bound,  at  least  theoretically, 
by  the  lex  provinciae.  Money,  troops,  and  subordinate 
officials  were  provided  by  vote  of  the  senate. 

84.  The  Status  of  Communities  in  a  Province.  A  uni- 
form system  of  government  was  by  no  means  adopted  for 
all  the  people  within  the  limits  of  a  single  province.  In 
fact,  the  way  in  which  the  degree  of  civil  liberty  enjoyed  by 
the  peoples  in  different  cities  under  one  governor  varied  is 
one  of  the  unique  features  of  Roman  provincial  government. 
The  Romans  accepted  in  most  cases  the  political  units 
which  they  found  already  in  existence,  and  treated  the 
different  communities  generously  or  harshly,  according  to 
their  previous  attitude  toward  Rome.  Cities  which  had 
proved  themselves  faithful  friends  were  made  civitates 
liberae.  Those  which  surrendered  became  civitates  stipen- 
diariae,  while  those  which  resisted  to  the  end,  like  Carthage 
or  Numantia,  were  ordinarily  destroyed.  Civitates  liberae 
were  classified  as  civitates  foederatae  or  civitates  sine  foedere 
immunes  ct  liberae,  according  to  the  basis  on  which  their 
independence  rested.  The  independence  of  communities 
of  the  first  class  was  formally  recorded  in  duplicate  on 
bronze  tablets.  One  of  these  tablets  was  preserved  on  the 
capitol  at  Rome,  the  other  in  the  city  concerned.  Commu- 
nities of  the  second  class  received  their  independence  by  a 
lex  or  sefiatus  consult  urn.  Its  permanence  was,  therefore, 
conditioned  on  the  favor  of  the  Roman  people  or  senate. 
The  civitates  liberae  were  not  allowed  to  deal  directly  with 
other  states,  but  they  were  permitted  to  coin  money  and 


SUPREMACY   OF   THE   NOBILITAS  9I 

receive  exiles,  and  in  domestic  affairs  they  were  independ- 
ent of  Rome.  The  citizens  of  such  a  community  were 
tried  before  their  own  courts,  were  left  untaxed  by  Rome, 
and  were  subject  to  no  other  obligation  than  that  of  fur- 
nishing such  a  number  of  ships  or  of  troops  as  might  be 
stipulated  in  the  treaty.  The  constitution  of  a  civitas  sti- 
pendiaria  was  drawn  up  by  a  senatorial  commission,  or 
embodied  by  the  provincial  governor  in  an  edict.  It 
usually  permitted  the  community  to  retain  its  senate,  pop- 
ular assemblies,  magistrates,  and  courts,  and  to  conduct  in 
general  the  administration  of  local  affairs ;  but  all  this  was 
done  under  the  supervision  of  Roman  officials.  Thus  the 
governor  supervised  the  choice  of  senators,  allowed  or 
forbade  the  holding  of  the  local  comitia,  and  examined  the 
city's  finances.  Upon  the  land  of  such  a  community  a 
fixed  tax,  or  stipendiiwi,  was  laid,  or  a  certain  proportion 
of  the  annual  returns,  i.e.,  a  vectigal,  was  paid  to  the  Roman 
government.  As  time  went  on,  the  Romans  more  and  more 
rarely  granted  to  a  community  the  rights  of  a  civitas  libera. 
In  some  provinces  municipia  and  colonies  were  estabHshed, 
but  their  position  was  the  same  as  that  of  corresponding 
communities  in  Italy,  with  the  important  exception  that 
such  communities  in  the  provinces  were  subject  to  all  the 
regular  provincial  taxes.  The  condition  of  things  in  one  of 
the  earlier  provinces  may  be  illustrated  by  the  case  of  Sicily, 
in  which  there  were  three  civitates  foederatae,  five  civitates 
liberae  et  immunes,  thirty-four  civitates  decumanae,  paying  a 
tenth  of  the  produce  from  the  land,  and  twenty-six  civitates 
censoriae,  whose  territory  was  made  state  land. 


92  REPUELICAN    PERIOD:    HISTORICAL 


Selections  from  the  Sources 

Outbreak  of  Tarentine  war:  Liv.  Ep.  XII.  —  Heraclea :  Liv.  Ep. 
XIII;  riut.  Pyrrh.  16-17.  —  Pyrrhus  crosses  to  Sicily:  Eutrop. 
II.  14. — Beneventum:  Liv.  Ep.  XIV;  Eutrop.  II.  14. —Outbreak 
of  first  Punic  war:  Polyb.  I.  10-12;  Gell.  XVII.  21.  40.  —  Blockade 
of  Agrigentum  :  Polyb.  I.  17.  —  Naval  victory  of  Duilius  :  Wilm.  Ex. 
Inscr.  609;  Polyb.  I.  22-3;  Eutrop.  II.  20;  Tac.  Ann.  II.  49. — 
Capture  of  Regulus :  Polyb.  I.  33-5;  Liv.  Ep.  X VIII.  — Naval 
defeat  at  Drepana  :    Liv.  Ep.  XIX;   Eutrop.  II.  26;    Polyb.  I.  49-52. 

—  Naval  victory  of  Catulus  :  Eutrop.  II.  27  ;  Polyb.  I.  60-61 ;  Liv.  Ep. 
XIX. —Peace  with   Carthage:    Polyb.   I.   62-3;  Liv.  XXX.  44.    i. 

—  Acquisition  of  Sardinia:  Polyb.  I.  79  and  88.  —  Lex  Flaminia 
agraria:  Polyb.  II.  21;  Cic.  de  Inv.  II.  52;  de  Sen.  11. — Illyrian 
war :  Polyb.  II.  8  ff.  —  Increase  in  number  of  praetors  :  Liv.  Ep.  XX. 

—  War  with  Insubres  and  Boii  :  Polyb.  II.  23-34;  Liv.  Ep.  XX.— 
Fall  of  Saguntum  (second  Punic  war):  Polyb.  III.  17;  Liv.  XXI. 
14-15. —  Ticinus:  Polyb.  III.  65  ;  Liv.  XXI.  39.  10;  45-6.  —  Trebia  : 
Polyb.  III.  71-4;  Liv.  XXI.  52-7.  — Lex  Claudia:  Liv.  XXI.  63.  3. 

—  Trasimene  lake:  Polyb.  III.  83-4;  Liv.  XXII.  4-7.  —  Cannae  : 
Polyb.  III.  107-1 17;  Liv.  XXII.  43-50. —  Lex  Minucia:  Liv.  XXIII. 
21.  6.  —  Treaty  between  Hannibal  and  Philip:  Polyb.  VII.  9;  Liv. 
XXIII.  33-4;  Eutrop.  III.  12. — First  Macedonian  war :  Liv.  XXIV. 
40. —  Capua  recaptured:  Polyb.  IX.  3-9;  Liv.  XXVI.  4-16.— 
Treaty  with  the  Aetolians  :  Liv.  XXVI.  24.  —  Events  in  Spain:  Liv. 
XXVI.  41-51.  —  Colonies:  liv.  XXVII.  9-10.  —  Hasdrubal  defeated  : 
Polyb.  XI.  1-3;  Liv.  XXVII.  46-9.  —  Carthaginians  expelled  from 
Spain:  Liv.  XXVIII.  12-37.— Peace  with  Philip:  Liv.  XXIX.  12. 

—  Thirty-five  tribes:  Liv.  XXIX.  37.  13-14.  —  Scipio  crosses  to 
Africa:  Liv.  XXIX.  24-7.  — Zama:  Polyb.  XV.  5-16;  Liv.  XXX. 
25-35.  —  Peace  with  Carthage:    Polyb.    XV.    iS;    Liv.    XXX.   43. 

—  Second  Macedonian  war:  Liv.  XXXI.  5  ff. — Cynoscephalae  : 
Polyb.  XVIII.  i-io;  Liv.  XXXIII.  7-10.  —  Treaty  of  peace 
made:  Liv.  XXXIII.  30.  —  Number  of  praetors  increased:  Liv. 
XXXII.  27.6. — Lex  Porcia  de  provocatione :  Cic.  de  Re  Pttbl.  II. 
54;  pro  Rab.  perd.  reo,  12;  Gell.  X.  3.  13;  Liv.  X.  9.  4.  —  Greece 
proclaimed  free:  Polyb.  XVIII.  27-9";  Liv.  XXXIII.  32;  Plut. 
Flamin.  10.  —  Lex  Sempronia  de  pecunia  credita  :  Liv.  XXXV.  7.  — 
War  with  Antiochus  :  Liv.  XXXVI.  i  ff.  —  Magnesia  :  Liv.  XXXVII. 


SUPREMACY    OF   THE    NOBILITAS  93 

37-44.  —  Leges  sumptuariae :  Liv.  XXXIV.  1-8;  Gell.  II.  24; 
Macrob.  Saturn.  III.  17.  —  Leges  de  ambitu  and  Leges  tabellariae: 
Liv.  XL.  19.  II;  Cic.  de  Legg.  III.  35;  Brut.  106;  Liv.  Ep. 
XLVII.  —  Lex  Villia  annalis:  Liv.  XL.  44.  i  ;  Cic.  Phil.  V.  47. — 
Third  Macedonian  war :  Liv.  XLII.  52  ff.  —  Pydna:  Liv.  XLIV. 
40-42;  Plut.  Aem.  18-22.  —  Third  Punic  war:  Appian,  Punic.  VIII. 
74  ff. ;  Liv.  Ep.  XLIX.  —  Lex  Calpumia  de  pecuniis  repetundis  . 
Cic.  Brut.  106;  de  Off.  II.  75.  —  Andriscus :  Liv.  Ep.  XLIX. — 
Carthage  destroyed:  Appian,  Punic.  VIII.  127  ff . ;  Liv.  Ep.  LI. — 
Achaean  war :  Liv.  Ep.  LI  I.  —  Numantia  taken :  Appian,  Hisp.  VI. 
84-98;  Liv.  ^/.  LVII. 

Criticism  of  the  Sources  ^ 

C.  Bottcher,  Kritische  Untersuchungen  iiber  d.   Quellen  d.  Livius 

im  21  u.  22  Buch,  Fleckeisen,  Jahrb.  (N.F.)  Suppl.  V.  351-442. 
Nissen,   Kritische   Untersuchungen  iiber  d.  Quellen   d.   IV.   u.   V 

Dekade  d.  Livius.     Berlin,  1863. 
Soltau,   Livius'    Geschichtswerk  (pp.  21-84,  and  bibliography,  pp. 

9-14).     Leipzig,  1897. 
Soltau,  De  fontibus  Plutarchi  in  secundo  bello  Punico  enarrando, 

Bonn,  1870. 
R.  B.  Smith,  Rome  and  Carthage.     London,  1880. 

Supplementary  Literature,  igoi-1910 

Ferrero,  The  Greatness  and  Decline  of  Rome  (to  close  of  the  reign 

of  Augustus),  5  vols.      New  York,  1907-1909. 
Audollent,  Carthage  romaine.     Paris,  1901. 

1  See  also  general  bibliography  on  p.  22. 


CHAPTER   VI 

THE   STRUGGLE   BETWEEN   THE   DEMOCRACY   AND 
THE   NOBILITAS 

85.  Tiberius  Gracchus.  An  investigation  of  the  i)reced- 
ing  period  has  revealed  (pp.  77-80)  the  serious  economic 
and  political  changes  which  followed  as  a  result  of  the 
great  wars.  The  republic  had  been  at  the  outset,  and  for 
several  centuries  afterward,  a  commonwealth  of  free  land- 
owners. This  great  middle  class  was  now  swept  out  of 
existence,  and  with  it  went  the  foundation  on  which  the 
state  rested.  The  object  of  the  movement  connected  with 
the  name  of  Tiberius  Gracchus  was  to  build  this  class  up 
again.  His  attention  is  said  to  have  been  called  to  the 
wretched  condition  of  affairs  in  Italy  when  he  was  on  a 
visit  to  Etruria,  where  the  evil  had  reached  its  greatest 
height.  He  thought  relief  could  be  had  by  assigning  state 
land  to  citizens,  and,  with  this  purpose  in  mind,  he  secured 
an  election  to  the  tribunate  for  the  year  133  and  at  once 
proposed  a  reenactment  of  that  clause  of  the  Licinian  law 
which  limited  the  amount  of  land  to  be  held  by  an  indi- 
vidual to  five  hundred  acres,  with  the  modification  that  for 
each  of  two  grown  sons  two  hundred  and  fifty  acres  in 
addition  should  be  allowed.  That-  portion  of  the  ager publi- 
cus,  the  control  of  which  4he  state  would  resume  under  the 
operation  of  this  law,  was  to  be  divided  among  poor  citizens 
on  condition  of  the  payment  of  a  yearly  tax.  Payment  for 
improvements  was  to  be  made  to  those  already  in  posses- 
sion, but  this  claim  on  the  Roman  treasury  was  met  by 

94 


DEMOCRACY   AND   NOBILITAS  95 

the  inheritance  which  Attains  III  of  Pergamum  had  lately 
bequeathed  to  the  Romans.  A  standing  commission  of 
three,  whose  members  were  to  be  chosen  annually,  /// 
viri  agris  iudicandis  adsignandis,  was  to  carry  out  the  pro- 
visions of  the  law.  This  proposal  was  essentially  different 
from  earlier  colonizing  projects.  It  was  distinctly  social- 
istic. Earlier  colonies  had  been  sent  out  to  points  of  danger 
to  hold,  and  to  Romanize,  newly  acquired  territory.  The 
protection  which  they  gave  the  state  was  a  sufficient  return 
for  the  land  which  the  state  gave  them.  The  new  colo- 
nists were  to  be  settled  in  peaceful  sections  of  Italy  and 
received  land  from  the  government  solely  by  virtue  of  their 
poverty.  The  proposal  of  Tiberius  naturally  aroused  the 
violent  opposition  of  the  rich,  whose  profits  from  the  ager 
publicus  would  be  materially  diminished  by  its  adoption. 
It  was  opposed  on  the  ground  that  it  revived  an  obsolete 
provision  of  a  law  passed  two  hundred  years  before,  and 
probably  because  it  was  a  piece  of  class  legislation,  and 
because  it  also  diminished  the  public  revenue.  Believing 
that  he  could  not  secure  the  support  of  the  senate,  Tiberius 
submitted  his  proposal  to  the  people  at  once.  This  he  had 
a  constitutional  right  to  do  under  the  Hortensian  law,  but 
even  here  he  was  thwarted  by  the  veto  of  his  colleague 
Octavius.  Up  to  this  point  the  question  at  issue  had 
been  a  social  one.  It  took  on  a  political  character  when 
Tiberius  secured  the  removal  of  Octavius  from  office  by  a 
vote  of  the  people.  In  fact,  his  agrarian  proposal  becomes 
unimportant  in  comparison  with  the  constitutional  question 
involved  in  the  removal  of  Octavius.  While  the  long  agi- 
tation which  culminated  in  287  had  established  the  general 
principle  that  the  will  of  the  people  expressed  in  their 
assemblies  constituted  the  law  of  the  land,  their  will  had  to 
be  ascertained  in  a  certain  way,  and  the  expression  of  it 


96  REPUBLICAN    PERIOD:    HISTORICAL 

was  subject  to  certain  hindrances.  One  of  the  limitations, 
for  instance,  on  the  freedom  of  the  action  of  the  people 
in  the  coj7iitia,  consisted  in  the  right  of  a  tribune  to  inter- 
pose his  veto.  Now,  in  securing  the  removal  of  Octavius 
from  office,  Tiberius  was  acting  on  the  theory  that  a  rep- 
resentative of  the  people  ceases  to  be  such  when  in  a  par- 
ticular matter  he  acts  out  of  conformity  with  the  wishes  of 
a  popular  majority.  The  logical  application  of  this  theory 
in  all  cases  would  remove  all  constitutional  limitations  upon 
the  expression  and  execution  of  the  people's  will,  and  would 
put  the  state  absolutely  under  the  control  of  a  temporary 
popular  majority.  The  principle  was  not  only  out  of  har- 
mony with  the  genius  of  Roman  political  institutions,  but 
it  is  subversive  of  stable  government.  It  found  logical 
expression  in  the  democratic  empire  of  Julius  Caesar. 
The  agrarian  law  of  Tiberius  was  adopted,  but  he  himself 
was  killed  while  seeking  reelection  to  the  tribunate. 

86.  The  Years  following  the  Death  of  Tiberius.  The 
ten  years  which  followed  the  tribunate  of  Gracchus  were 
years  of  comparative  political  inactivity.  The  development 
of  a  democratic  opposition  to  the  nobilitas,  however,  went 
on  steadily.  The  passage  of  the  agrarian  law,  and  of  other 
less  important  measures,  in  a  popular  assembly  against  the 
wishes  of  the  senate  had  stimulated  the  activity  of  the  tribal 
assembly,  and  its  importance,  both  as  a  legislative  body  and 
as  a  center  of  political  agitation,  increased  rapidly,  and  an 
attempt  was  made  to  preserve  its  purity  by  the  lex  tabellaria 
of  the  tribune  C.  Papirius  Carbo,  which  supplemented  the 
lex  Gabmia  and  the  lex  Cassia  (p.  7 1)  by  providing  for  a 
secret  ballot,  when  the  comitia  met  as  a  legislative  body. 
That  the  agrarian  law  of  Gracchus  was  actively  carried 
out  for  some  time  is  indicated  by  the  census,  which  shows 
an  increase  in  the  number  of  citizens  from  318,000  in  135 


DEMOCRACY   AND   NOBILITAS  97 

to  395,000  in  124.  A  large  majority  of  these  77,000  new- 
citizens  must  have  gained  their  citizenship  by  becoming 
landowners  under  the  operation  of  the  new  law.  The 
death  of  Tiberius  Gracchus,  therefore,  by  no  means  put 
an  end  to  the  agrarian  movement.  Another  question,  of 
a  political  character,  was  brought  into  the  foreground  by 
the  agrarian  legislation.  The  position  of  the  Latins  and 
other  Italians  was  already  bad  enough.  The  passage  of  the 
new  law  made  it  worse,  since  it  took  from  them  some  of 
their  privileges  in  the  ager  publicus,  and  therefore  empha- 
sized the  disadvantage  of  their  position  when  compared 
with  that  of  Roman  citizens. 

87.  The  Legislation  of  Gaius  Gracchus.  Accordingly,  the 
necessity  of  settHng  satisfactorily  the  land  question  and  of 
admitting  the  Italians  to  the  rights  of  Roman  citizenship 
were  the  two  questions  which  confronted  Gaius,  the  brother 
of  Tiberius  Gracchus,  on  his  election  to  the  tribunate  in  123. 
Two  motives  probably  actuated  him  in  the  course  which 
he  took,  —  a  desire  to  avenge  the  death  of  his  brother, 
as  well  as  to  bring  to  an  end  the  supremacy  of  the  senate. 
To  accomplish  the  latter  purpose  he  sought  to  bring  to  his 
support  the  proletariat  and  the  knights,  the  two  non-sena- 
torial elements  in  the  community.  He  aimed  at  securing 
the  favor  of  the  former  by  the  passage  of  a  lex  friimentaria, 
which  put  grain  at  the  disposal  of  the  poor  at  a  price  lower 
than  the  market  rate.  He  favored  the  knights  at  the 
expense  of  the  senate  by  substituting  knights  for  senators 
on  the  juries  in  the  quaestio  de  repetundis.  Since  the  equites 
had  very  important  financial  interests  in  the  provinces,  while 
the  provincial  governors,  whose  cases  were  heard  in  this 
court,  were  senators,  the  change  involved  a  great  gain  for  the 
former  and  at  the  same  time  put  the  latter  in  serious  peril. 
Although  a  number  of  laws  had   confirmed   the  citizen's 


98  REPUBLICAN    PERIOD:    HISTORICAL 

right  to  appeal  to  the  people  in  cases  of  life  or  death, 
the  senate  found  means  of  suspending  this  right,  when  it 
wished  to  get  rid  of  an  enemy,  by  establishing  a  special 
judicial  commission  or  by  i)assing  a  senatus  consultum  ulti- 
miim.  Both  these  devices  had  been  used  successfully  against 
Tiberius  and  his  followers.  A  lex  SemJ>ro7iia  of  Gains  for- 
bade the  appointment  of  such  commissions,  and  denied 
the  validity  of  the  interpretation  put  on  the  senatus  con- 
sultum ulti?fium.  The  agrarian  law  of  Tiberius,  which  had 
not  been  carried  out  for  several  years,  was  reenacted  or 
reaffirmed.  The  tribal  assembly  under  the  leadership  of 
Gaius  encroached  aggressively  on  the  traditional  preroga- 
tive of  the  senate  by  taking  part  in  the  control  of  foreign 
affairs,  as  it  did  in  regulating  the  tax  system  in  Asia  and  in 
founding  colonies.  Of  far-reaching  importance  was  a  law 
which  made  it  incumbent  on  the  senate  to  decide  which 
provinces  should  be  consular  before  the  new  magistrates 
were  chosen  (cf,  p.  237),  Toward  the  end  of  his  second 
tribunate  Gaius  took  up  the  second  great  political  problem, 
which,  as  we  have  seen,  confronted  him  at  the  beginning 
of  his  political  career,  and  proposed  to  give  Roman  citizen- 
ship to  the  Latins,  and  Latin  rights  to  the  other  Italian 
allies ;  but  at  this  point  the  selfish  democracy  of  Rome 
deserted  him.  He  became  a  candidate  for  the  tribunate  a 
third  time,  was  defeated,  and,  like  his  brother,  met  a  vio- 
lent death.  The  agrarian  movement  which  had  been  insti- 
tuted by  Tiberius  and  Gaius  was  summarily  checked  by  the 
legislation  of  1 1 8  and  1 1 1 ,  which  gave  the  full  rights  of 
ownership  to  those  already  occupying  state  land ;  but  the 
other  legislation  of  Gaius  remained  in  force.  A  still  more 
important  result  of  the  Gracchan  movement  was  the  con- 
sciousness which  the  democracy  gained  of  its  own  strength 
and  of  the  weak  points  in  the  position  of  the  senate. 


DEMOCRACY   AND   NOBILITAS  99 

88.  Marius  and  the  Wars  with  Jugurtha  and  the 
Cimbri.  In  fact,  the  weakness  of  the  nobilitas  soon  gave 
the  chance  of  success.  In  1 1 2  the  government  was  com- 
pelled by  public  sentiment  to  declare  war  against  Jugurtha, 
the  king  of  Numidia,  who  had  not  only  dispossessed  of 
their  rights  his-  cousins,  Adherbal  and  Hiempsal,  and  put 
them  to  death,  but  had  treated  the  protests  of  the  Romans 
with  scorn.  In  the  war  which  followed,  the  open  purse  of 
Jugurtha  on  the  one  hand,  and  the  venality  and  incapacity 
of  the  senatorial  leaders  on  the  other,  brought  disgrace  to 
the  Roman  name  and  defeat  to  the  Roman  arms.  The 
popular  party  insisted  on  a  change,  and  in  107  succeeded 
in  electing  to  the  consulship  C.  Marius,  a  man  of  humble 
birth  who  had  shown  his  ability  at  the  siege  of  Numantia, 
and  to  him  the  control  of  the  forces  acting  against  Jugurtha 
was  committed.  Jugurtha  was  defeated  and  the  war  was 
speedily  brought  to  an  end.  Marius  was  still  in  Africa, 
arranging  the  affairs  of  the  province,  when  he  was  elected 
to  the  consulship  for  the  year  104  and  intrusted  with  a 
still  more  serious  undertaking.  A  horde  of  barbarians,  of 
Germanic  origin,  from  the  shores  of  the  North  Sea,  in 
search  of  laixis  and  booty,  had  swept  southward  toward 
Italy,  and  in  113  defeated  a  Roman  army  under  the  con- 
sul Cn.  Papirius  Carbo  at  Noreia  (the  modern  Neumarkt). 
After  this  victory  the  Cimbrian  invaders  were  joined  by 
two  Helvetian  peoples,  the  Teutones  and  Tigurini,  and  in 
Gaul  in  109  inflicted  a  second  defeat  on  the  Romans  under 
M.  Junius  Silanus.  Two  years  later  the  Roman  consul 
L.  Cassius  suffered  a  still  more  serious  reverse  at  the  hands 
of  the  Tigurini,  and  in  105  at  Arausio  the  combined  forces 
of  the  barbarians  destroyed  the  two  armies  which  the  pro- 
consul Q.  Servilius  Caepio  and  the  consul  Cn.  Mallius 
Maximus  commanded,  and  left  60,000  Romans  dead  on 


lOO  REPUBLICAN    PERIOD:    HISTORICAL 

the  field  of  battle.  This  was  the  condition  of  affairs  when 
Marius  entered  on  his  second  consulship  in  104.  Great 
anxiety  prevailed  in  Italy,  and  complete  distrust  of  the 
senatorial  re'gime.  The  withdrawal  of  the  Cimbri  toward 
Spain  and  the  inactivity  of  the  other  barbarians  gave 
Marius  an  opportunity  to  reorganize  and  train  his  forces, 
so  that  later,  when  the  enemy  sought  to  enter  Italy  at  two 
different  points,  they  were  completely  annihilated,  the  Teu- 
tones  at  Aquae  Sextiae  in  102,  and  the  Cimbri  the  following 
year  on  the  Raudine  plain. 

89.  Saturninus  and  the  Conservative  Reaction.  The  bril- 
liant successes  which  the  Jiomis  homo  Marius  thus  won  in 
the  Jugurthine  and  Cimbrian  wars,  following,  as  they  did,  on 
the  disasters  which  the  state  had  suffered  under  senatorial 
leadership,  inflicted  a  severe  blow  on  the  prestige  of  the 
senate,  and  the  democracy  was  quick  to  take  advantage  of 
the  situation  by  allying  itself  directly  with  Marius.  For 
the  year  100  he  was  elected  consul  for  the  sixth  time, 
and  liberal  assignments  of  land  in  Africa  were  made  to 
his  veterans  in  a  measure  introduced  by  the  tribune 
Saturninus ;  but  the  radical  character  of  the  agrarian  bills 
which  Saturninus  brought  forward  in  his  second  tribunate 
in  100,  and  the  forcible  means  which  he  and  the  praetor 
Glaucia  used  to  secure  their  passage,  alienated  a  large  part 
of  the  people,  and  drove  even  Marius  over  to  the  opposi- 
tion. In  the  reaction  which  followed,  the  laws  of  Satur- 
ninus were  repealed,  and  an  attempt  was  made  to  check 
hasty  legislation  in  the  comitia  in  the  future  by  the  lex 
Caecilia  Didia  of  the  year  98,  which  provided  that  a  bill 
should  be  published  seventeen  days  before  it  could  be  sub- 
mitted to  the  people  for  action  (cf.  p.  254).  This  measure 
also  forbade  the  inclusion  of  different  matters  in  the  same 
bill. 


DEMOCRACY    AND    NOBILITAS  lOI 

90.  Drusus  and  the  Italians.  It  is  a  strange  illustration 
of  the  irony  of  fate  that  M.  Livius  Drusus,  the  son  of  the 
conservative  whose  clever  manoeuvres  had  brought  political 
disaster  and  death  to  the  younger  Gracchus  when  he  tried 
to  ameliorate  the  political  condition  of  the  Italians,  should 
have  been  the  man  who  revived  the  movement  to  relieve 
the  Italians,  thereby  losing  his  life.  The  ultimate  political 
aim  of  the  younger  Drusus,  however,  differed  essentially 
from  that  of  his  predecessor.  C.  Gracchus  had  tried  to 
overthrow  the  senate  by  combining  all  the  other  forces  in 
the  state  against  it.  Drusus,  on  the  other  hand,  sought  to 
strengthen  the  conservative  position  by  removing  the  prin- 
cipal causes  of  discontent,  not  only  in  Rome  but  in  all 
Italy.  He  sought  to  conciliate  the  poor  by  an  agrarian  law 
and  a  corn  law.  He  tried  to  reconcile  the  senate  and  the 
knights  by  a  measure  which  made  both  senators  and  equites 
eligible  for  jury  duty,  apd  finally  he  promised  citizenship 
to  the  discontented  Italian  allies.  But  the  selfishness  of 
all  the  parties  concerned  brought  his  efforts  to  naught. 
Despairing  of  the  support  of  the  senate,  he  submitted 
directly  to  the  popular  assembly  a  bill  with  clauses  embody- 
ing his  plans  with  reference  to  the  distribution  of  grain,  the 
assignment  of  land,  and  the  composition  of  the  juries.  The 
measure  was  passed  in  spite  of  violent  opposition,  but  his 
subsequent  proposal  to  give  citizenship  to  the  allies  aUen- 
ated  the  people,  who  were  unwilling  to  share  their  privileges 
with  others,  and  Drusus  became  a  victim  of  popular  passion, 
as  C.  Gracchus  had  been.  The  senate  had  by  this  time 
mustered  courage  enough  to  declare  that  the  laws  already 
passed  were  in  contravention  of  the  lex  Caecilia  Didia,  and 
therefore  invalid. 

91.  The  Social  War.  The  bill  which  Drusus  submitted 
in  the  year  9 1  was  the  last  of  many  attempts  to  better  the 


102  REPUBLICAN    PERIOD:    HISTORICAL 

condition  of  the  Italians  by  conservative  methods.  When, 
like  its  predecessors,  it  resulted  in  failure  and  was  followed 
by  severe  repressive  measures  directed  against  them,  the 
discontent  of  the  Italians  broke  out  into  an  open  revolt,  in 
which  all  except  the  Latins  and  the  aristocratic  states  of 
Umbria  and  Etruria  joined.  The  loosely  organized  con- 
federacy which  they  formed  had  its  capital  at  Corfinium, 
and  imitated  the  Roman  system  in  having  a  senate  with 
five  hundred  members,  two  consuls,  to  represent  respec- 
tively the  Oscan  and  Latin  speaking  peoples,  and  twelve 
praetors.  The  Italians  were  as  good  soldiers  as  the 
Romans  ;  they  found  able  leaders,  and  they  were  better 
prepared  for  war  than  the  Romans.  Consequently,  the 
advantage  in  the  early  part  of  the  war,  which  began  in  90, 
rested  with  them,  and  when  the  Umbrians  and  Etruscans 
showed  signs  of  joining  the  confederacy  Rome  thought  it 
wise  to  make  concessions.  Within  a  year  after  the  out- 
break of  the  war  the  consul  L.  Julius  Caesar  secured  the 
passage  of  a  law  granting  citizenship  to  the  allies  who  had 
remained  loyal,  and  in  the  early  part  of  the  next  year,  89, 
on  the  i)roposal  of  the  tribunes  M.  Plautius  Silvanus  and 
C.  Papirius  Carbo,  the  lex  riautia  Fapiria  was  passed,  pro- 
viding that  Roman  citizenshij)  should  be  given  to  the  citi- 
zens of  allied  states  who  should  register  their  names  with 
a  Roman  praetor  inside  of  sixty  days.  The  lex  Pompcia  of 
the  same  year  gave  Latin  rights  to  the  Transpadanes.  The 
newly  made  citizens  were,  however,  assigned  to  eight  tribes, 
and  this  fact  Hmited  their  influence.  These  concessions 
placated  a  majority  of  the  Italians,  and  the  smouldering 
embers  of  revolt  among  the  Bruttii,  in  Samnium,  and  in 
Lucania  were  stamped  out  in  the  following  year. 

92.    Sulla  and  the  Mithridatic  War.     The  state  of  affairs 
in  the  East  was  the  immediate  cause  of  the  next  trial  of 


DEMOCRACY   AND    NOBILITAS  IO3 

strength  between  the  two  parties  at  Rome.  The  Romans 
had  been  so  engrossed  with  affairs  in  Italy  that  they  had 
not  heeded  the  rapid  development  of  a  new  power  in  the 
Orient.  For  twenty  years  or  more  Mithridates  Eupator, 
the  king  of  Pontus,  had  extended  his  power  without  serious 
hindrance  in  Asia  Minor  and  along  the  north  shore  of  the 
Euxine.  At  last  he  came  into  conflict  with  the  Romans  in 
Bithynia,  and  war  broke  out  in  88.  The  Roman  forces 
in  the  East  proved  to  be  no  match  for  Mithridates,  and  the 
conduct  of  the  campaign  was  intrusted  to  one  of  the  con- 
suls, L.  Cornelius  Sulla,  who  had  distinguished  himself  in 
the  Social  war  and  had  some  knowledge  of  the  Eastern 
question. 

93.  Sulla,  Marius,  and  Cinna.  Marius,  however,  coveted 
the  position  and  formed  a  compact  with  the  tribune  P. 
Sulpicius  Rufus,  as  he  had  earUer  with  Saturninus.  Under 
the  leadership  of  Sulpicius  laws  were  passed  giving  the 
Italians  access  to  all  the  tribes  and  assigning  the  command 
of  the  forces  acting  against  Mithridates  to  Marius.  Sulla, 
who  had  not  yet  left  Italy,  returned  with  his  army ;  Marius 
fled,  and  the  laws  of  Sulpicius  were  repealed.  The  power 
of  the  tribune  to  do  mischief  was  curtailed  by  a  law  which 
made  the  preliminary  approval  of  the  senate  necessary 
before  the  concilium  plebis  could  act  upon  a  measure,  and 
probably  the  Servian  organization  of  the  comitia  centuriata 
was  restored.  Then  Sufla  set  out  for  the  East,  leaving  as 
consuls  for  87  the  aristocrat  Cn.  Octavius  and  the  demo- 
cratic leader  L.  Cornelius  Cinna.  Dissensions  sprang  up 
between  them  at  once.  Cinna  was  driven  out  of  Rome  by 
Octavius,  but,  with  the  assistance  of  Marius  and  his  vet- 
erans, he  returned  and  made  himself  master  of  the  city. 
The  democratic  party  was  at  last  instaUed  in  power,  but 
the  record  which  it  made  was  not  one  to  be  proud  of.     Its 


I04  REPUBLICAN    PERIOD:    HISTORICAL 

leaders  not  only  violated  well-established  traditions,  as, 
for  instance,  in  admitting  young  Marius  to  the  consul- 
ship before  he  had  reached  his  twentieth  year,  but  they 
also  transgressed  the  essential  principles  of  democracy  in 
advancing  men  to  the  magistracies  without  waiting  for  a 
formal  election  and  in  substituting  magisterial  edicts  for 
popular  legislation.  Furthermore,  they  had  no  comprehen- 
sive political  programme.  Sulla  concluded  a  peace  with 
Mithridates  in  85.  In  the  spring  of  83  he  landed  in  Italy 
with  his  troops,  and  in  the  autumn  of  82  overcoming  all 
resistance  cay)tured  the  city. 

94.  The  Legislation  of  Sulla  with  reference  to  the  Senate. 
Sulla  had  himself  made  dictator  for  an  indefinite  period 
with  the  express  purpose  of  reforming  the  constitution.  His 
tendencies  were  naturally  conservative,  and  these  had  been 
strengthened  by  his  observation  of  the  results  which  had 
followed  the  democratic  government  of  Marius  and  Cinna. 
It  is  not  strange,  therefore,  that  his  legislation  bore  a 
marked  reactionary  character.  His  primary  purpose,  in 
so  far  as  the  home  government  was  concerned,  was  to 
strengthen  the  oligarchy,  and  especially  the  senate  as  the 
official  representative  of  that  element  in  the  community. 
To  increase  its  power  as  a  law-making  body,  he  reaffirmed 
the  principle  that  the  preUminary  approval  of  the  senate 
was  necessary  before  a  measure  could  be  submitted  to  the 
plebeian  tribal  assembly.  This  change  robbed  the  tribune  of 
his  power  of  initiating  legislation  and  diminished  the  impor- 
tance of  the  senate's  greatest  legislative  rival.*  He  lessened 
the  influence  of  individual  magistrates  by  increasing  mate- 
rially the  number  of  praetors  and  quaestors  and  by  encour- 
aging a  system  of  dependence  on  the  senate.  Thereby  the 
importance  of  the  senate  as  an  administrative  body  was 
correspondingly  increased.     The  same  change  released  it 


DEMOCRACY   AND   NOBILITAS  IO5 

also  from  the  control  of  the  censor.  The  number  of  magis- 
trates was  henceforth  large  enough  to  fill  the  senate,  apd 
the  censor  no  longer  drew  up  the  list  of  senators.  Senators 
were  substituted  for  knights  on  the  juries,  and,  since  the 
number  and  competence  of  the  courts  were  greatly  increased 
(cf  p.  106),  the  judicial  duties  of  the  senators  became  very 
important. 

95.  The  Magistracies.  To  protect  the  oligarchy  against 
the  preeminence  of  any  one  man,  Sulla  secured  a  reaffirma- 
tion of  the  principle  that  no  one  could  be  reelected  to  an 
office  until  an  interval  of  ten  years  had  elapsed,  and  estab- 
lished definitely  the  cursus  honorum.  The  number  of  prae- 
tors was  increased  to  eight,  and  the  number  of  quaestors 
to  twenty.  This  made  the  administration  of  the  duties  of 
these  offices  more  efficient,  but  at  the  same  time  decreased 
their  dignity.  In  the  early  period  it  had  been  customary 
for  magistrates  to  command  the  armies  of  the  state  during 
their  year  of  office.  From  this  time  on  they  were  rarely 
sent  to  a  foreign  post  until  their  term  of  office  had  expired  ; 
that  is,  they  became  purely  civil  magistrates  during  their 
first  year  of  office,  and  provincial  governors  the  second 
year.  In  this  way  the  promagisterial  system  was  defi- 
nitely instituted,  although  perhaps  Sulla  did  not  originate 
it.  It  is  possible  that  a  practice  already  followed  in  many 
cases  was  made  the  regular  method  of  procedure  after  this 
time.  The  importance  of  the  tribunate  he  lessened  by 
taking  from  its  incumbent  the  right  to  initiate  legislation 
(cf.  p.  104),  and  still  more  effectively  by  providing  that 
an  ex-tribune  should  be  ineligible  to  any  other  office  in  the 
state  ;  that  is,  a  citizen  by  accepting  the  tribunate  lost  all 
chance  of  further  political  advancement. 

96.  The  Courts.  In  originaHty,  permanence,  and  prac- 
tical value  Sulla's  reform  of  the  judicial  system  was  perhaps 


I06  REPUBLICAN    PERIOD:    HISTORICAL 

of  more  importance  than  any  other  change  made  by  him. 
He  reorganized  the  juries,  increased  the  number  of  perma- 
nent courts,  and  extended  the  judicial  system  so  as  to  include 
many  new  classes  of  cases.  Since  the  time  of  C.  Gracchus 
the  juries  had  been  composed  exclusively  of  knights,  and, 
while  the  quaestio  de  rcpciundis,  in  view  of  its  constitution, 
had  exercised  a  restraining  influence  on  the  rapacity  of 
senatorial  governors,  it  had  frequently  been  used  by  the 
eqiiites  to  punish  upright  governors  who  had  checked  the 
extortionate  practices  of  the  financial  representatives  of 
the  knights  in  the  provinces.  The  Gracchan  change  in 
the  composition  of  the  juries  had  been  made  on  purely 
political  grounds.  It  substituted  one  bad  method  for 
another.  When  Sulla  restored  the  old  practice  by  putting 
senators  on  the  juries  in  place  of  the  knights,  he  also  was 
actuated  by  political  motives,  and  the  judicial  system 
in  this  respect  was  in  as  bad  a  plight  as  it  had  been 
before.  Justice  could  hardly  be  hoped  for  when  one 
member  of  a  closely  knit  political  and  social  organization 
was  tried  before  a  jury  made  up  of  other  members  of  the 
same  body.  In  149,  as  we  have  already  noticed,  a  perma- 
nent court,  the  quaestio  {perpettia)  de  repetiindis,  had  been 
established  for  the  trial  of  magistrates  who  were  charged 
with  accepting  bribes  or  otherwise  unlawfully  using  offi- 
cial positions  for  their  own  advantage.  Somewhat  later 
another  standing  court  had  been  established,  the  quaestio 
de  sicariis  et  venejicis,  to  take  cognizance  of  attempts  on 
the  life  of  citizens.  Following  these  precedents,  Sulla  pro- 
vided for  criminal  courts  to  inquire  into  serious  attacks  on 
popular  freedom,  or  into  conduct  prejudicial  to  the  interests 
of  the  state  {de  maiestate),  forgery  {de  /also),  the  use  of 
unlawful  means  by  candidates  for  office  {de  amhittc),  and 
embezzlement  of  public  funds  {de  peculatti).    By  the  increase 


DEMOCRACY   AND    NOBILITAS  tO/ 

of  the  number  of  praetors  to  eight,  presiding  judges  were 
provided  for  these  courts,  and  their  establishment  practi- 
cally brought  to  an  end  the  criminal  jurisdiction  of  the 
comitia.  Henceforth  justice  was  dispensed  in  a  speedier, 
simpler,  and  surer  way  than  had  been  possible  before  a 
popular  assembly.  This  change  also  involved  differentia- 
tion and  classification  of  criminal  offenses,  and  fiirnished  a 
scientific  basis  for  the  development  of  a  complete  criminal 
code. 

97.  The  Priesthoods.  In  early  times  new  members  of 
the  colleges  of  priests  were  chosen  by  codptation,  and  this 
plan  was  followed  up  to  the  year  104.  After  that  time, 
under  the  operation  of  the  lex  Dojiiitia,  new  members 
of  the  more  important  colleges  were  elected  in  a  partial 
assembly  of  the  tribes.  Sulla  restored  the  earlier  method 
of  selection,  but  in  63  the  lex  Domitia  was  put  in  force 
again. 

98.  Pompey  and  the  War  with  Sertorius.  In  79  Sulla 
resigned  the  dictatorship  and  retired  into  private  life.  He 
thought  that  he  had  established  the  oligarchy  firmly  and 
that  he  had  guarded  it  at  every  point,  but  his  own  career 
indicated  a  fatal  weakness  in  the  conservative  position. 
The  army  was  henceforth  arbiter  of  the  fortunes  of  the 
state.  In  fact,  within  ten  years  after  Sulla's  death,  two 
of  his  own  lieutenants,  Pompey  and  Crassus,  used  the 
prestige  which  successful  campaigns  brought  them  to  undo 
a  great  part  of  his  work.  Pompey's  success  was  achieved 
in  Spain ;  that  of  Crassus  in  Italy  itself.  During  the 
ascendency  of  the  democratic  party  in  Rome  the  Marian 
leader,  Q.  Sertorius,  had  been  sent  out  as  governor  of 
Nearer  Spain,  and  by  his  personal  qualities,  and  his  abiHty 
as  a  political  and  military  leader,  he  had  succeeded  in 
defeating  the  various  leaders  of  the  senatorial  party,  and 


I08  REPUBLICAN   PERIOD:    HISTORICAL 

in  making  himself  master  of  the  greater  part  of  the  penin- 
sula. He  even  formed  an  alliance  with  Mithridates,  and 
there  seemed  to  be  a  possibility  of  his  crossing  to  Italy 
and  putting  the  Marian  party  in  power  again.  This  was 
the  situation  which  forced  the  senate  in  77  to  give  the 
title  of  proconsul  to  Pompey,  and  send  him  out  to  Spain 
with  40,000  troops,  although  he  had  not  yet  held  even 
the  quaestorship.  The  war  went  on  with  varying  success 
for  several  years,  but  the  reinforcements  which  Pompey 
received  from  Italy  and  the  treachery  of  the  followers  of 
Sertorius  at  last  turned  the  tide  of  battle  in  Pompey's 
favor,  and  in  71  he  was  able  to  return  victorious  to  Italy. 

99.  Crassus  and  the  Slave  War.  Just  as  Pompey  was 
bringing  the  war  in  Spain  to  an  end,  Crassus  was  commis- 
sioned to  take  charge  of  the  campaign  against  the  slaves  in 
southern  Italy.  The  escape  of  a  few  gladiators  from  Capua 
in  73  seemed  an  insignificant  event ;  but  when  in  a  few 
months  their  number  had  increased  to  70,000,  and  they  had 
defeated  the  praetors  Clodius  and  Varinius,  the  Romans 
were  thoroughly  frightened.  In  72  both  consuls  took  the 
field,  but  were  also  defeated.  The  destruction  of  this  dan- 
gerous force  in  the  following  year  by  the  praetor  Crassus,  in 
a  brilliant  campaign  of  only  six  months,  was,  therefore,  an 
achievement  which  might  well  win  for  him  the  gratitude 
and  admiration  of  the  Roman  people. 

100.  Pompey,  Crassus,  and  the  Democracy.  Both  Pompey 
and  Crassus  now  returned  to  Rome  to  secure  an  election  to 
the  consulship  for  70  as  a  reward  for  their  services  in  the 
field.  They  found  the  democratic  party  fiercely  attacking 
the  reactionary  constitution  of  Sulla.  In  fact,  as  early  as 
78  the  democratic  leader  Lepidus  had  tried  as  consul  to 
annul  some  of  its  provisions.  That  party  now  agreed  to 
elect  Pompey  and  Crassus  to  the  consulship  in  return  for 


DEMOCRACY   AND    NOBILITAS  IO9 

the  repeal  of  the  most  obnoxious  Sullan  laws  ;  and,  thanks  to 
its  support  and  to  the  presence  of  troops  outside  the  gates, 
their  candidacy  was  successful.  The  new  consuls  loyally 
carried  out  their  part  of  the  compact  by  removing  the 
restrictions  placed  on  the  tribunate,  by  providing  that  the 
juries  should  be  composed  of  senators,  knights,  and  tribimi 
aerarii,  and  by  restoring  the  censorship  with  the  right  to 
pass  on  the  qualifications  of  senators. 

loi.  The  Gabinian  and  Manilian  Laws.  For  several 
years  the  Cilician  pirates  had  threatened  the  safety  of  the 
coast  towns,  and  had  seriously  interfered  with  commerce 
in  the  Mediterranean  and  with  the  transportation  of  grain 
to  Rome.  To  meet  the  popular  demand  for  a  vigorous 
policy,  and  to  gratify  Pompey's  ambition  for  an  important 
command,  A.  Gabinius,  a  tribune,  proposed  in  67  that  the 
forces  acting  against  the  pirates  should  be  put  in  charge 
of  one  man,  with  absolute  power  extending  to  a  distance  of 
fifty  miles  from  the  coast.  The  bill  was  carried  in  spite  of 
the  opposition  of  the  conservatives  to  the  extra-constitu- 
tional provisions  which  it  contained,  and  in  a  second  meas- 
ure Pompey  was  named  as  commander.  The  war  with  the 
pirates  had  scarcely  been  brought  to  a  successful  conclusion, 
when  the  recall  of  Lucullus  from  the. East,  and  the  incom- 
petency of  his  successor,  M'.  Acilius  Glabrio,  gave  Pompey's 
adherents  an  opportunity  to  pass  the  Manilian  law,  which 
conferred  on  him  the  conduct  of  the  war  against  Mithridates. 
The  command  which  he  assumed  under  this  law  removed 
Pompey  from  all  direct  participation  in  politics  up  to  the 
close  of  the  year  62. 

102.  The  Conspiracy  of  Catiline.  It  is  within  this  period 
that  the  Catilinarian  conspiracy  falls.  Looking  at  the  polit- 
ical side  of  the  movement,  at  the  outset  it  seems  to  have  had 
for  its  object  the  improvement  of  the  condition  of  certain 


no  REPUBLICAN    PERIOD:    HISTORICAL 

classes  in  Rome  and  throughout  Italy  by  constitutional, 
or  at  least  by  peaceful,  methods.  The  repeated  disappoint- 
ments which  its  leaders  met  in  the  years  66-64  led  to  the 
formation  of  a  secret  conspiracy,  ready  to  use  any  means 
whatsoever  for  the  accomplishment  of  its  purpose.  At  this 
point  the  timid,  the  judicious,  and  in  large  measure  the 
respectable,  supporters  of  the  movement  fell  away,  and  its 
further  development  was  left  in  the  hands  of  moral  and 
financial  bankrupts  or  of  honest  fanatics  and  adventurers. 
So,  for  instance,  Caesar  and  Crassus  supported  Catiline  and 
his  sympathizers  at  the  outset,  just  as  they  supported  every 
promising  attack  on  the  oligarchy  ;  but  as  the  incompetency 
of  the  Catilinarian  leaders  became  apparent,  and  their  plans 
assumed  a  violent  character,  they  withdrew  from  a  venture 
which  was  sure  to  fail  and  to  wreck  the  fortunes  of  those 
concerned.  The  Catilinarian  movement  is  similar  in  its 
inception,  in  its  development,  in  the  character  of  its  sup- 
porters, and  in  its  methods,  to  the  other  uprisings  of  the 
party  of  discontent  during  the  first  century,  for  instance, 
to  those  under  Sulpicius  in  88  and  under  Lepidus  in  78. 
It  may  be  worth  while  to  illustrate  this  fact  from  the  case 
of  Lepidus,  who,  like  Catiline,  was  an  aristocrat,  and  had 
personal  qualities  remarkably  similar  to  those  of  Catiline. 
Like  Catiline  he  had  been  a  follower  of  Sulla  and  had  taken 
part  in  the  SuUan  proscriptions.  Like  Catiline  he  proposed 
radical  and  socialistic  measures  for  the  benefit  of  the  honest 
and  the  dishonest  poor.  Both  men  found  adherents  in  Rome 
among  the  bankrupt  aristocrats,  the  poor  freemen  and 
freedmen,  and  the  democrats,  and  among  the  discontented 
peasant  proprietors  in  the  country  districts.  In  both  cases 
the  rallying  point  of  the  movement  outside  of  Rome  was 
Faesulae,  a  natural  hotbed  of  agrarian  agitation.  The 
leaders  in  each  case  were  ready,  if  necessary,  to  resort  to 


DEMOCRACY    AND    NOBILITAS  III 

riot  and  bloodshed.  The  plan  of  operations  was  the  same 
in  the  case  of  both  movements.  The  rural  malcontents 
were  to  advance  on  Rome,  and  to  be  seconded  by  an  upris- 
ing in  the  city.  The  only  essential  difference  between  the 
two  movements  lies  in  the  fact  that  Lepidus  at  the  head  of 
his  Italian  force  succeeded  in  reaching  the  gates  of  Rome, 
whereas  Catiline's  armed  band  was  checked  and  destroyed 
before  it  came  to  the  city.  On  the  side  of  the  senatorial 
party  there  was  the  same  general  alann,  hesitation,  and 
incompetency  shown  in  both  cases. 

103.  Political  Effect  of  the  Catilinarian  Conspiracy.  The 
revolutionary  tendencies  of  the  Catilinarian  movement  and 
its  suppression  inflicted  a  severe  blow  on  the  democratic 
party,  because  that  party  had  evidently  fallen  into  the  hands 
of  desperadoes.  All  the  forces  which  stood  for  law  and  order 
were  united  against  it,  and  Cicero  might  well  pride  himself 
on  the  fact  that  the  union  took  place  under  his  leadership. 
C.  Gracchus  had  practically  detached  the  knights  from  the 
conservative  party  by  putting  the  juries  in  their  hands,  and 
the  partisan  way  in  which  they  conducted  the  trials  of  sen- 
atorial governors  alienated  the  two  factions  still  further. 
By  depriving  the  knights  of  the  privilege  which  they  had 
enjoyed  for  almost  fifty  years,  Sulla  widened  the  breach 
between  them  and  the  senate.  The  bitterness  existing 
between  the  two  factions  can  hardly  have  been  lessened  by 
the  hostility  which  the  senate  showed  to  the  restoration  of 
the  knights  to  a  place  on  the  juries  in  70.  Furthermore, 
senatorial  governors  and  the  financial  representatives  of  the 
knights  were  continually  at  odds  in  the  provinces,  and  the 
equites  were  undoubtedly  provoked  at  the  opposition  of 
the  senate  to  the  Gabinian  law.  Accordingly  the  harmo- 
nious action  in  63  of  these  hitherto  discordant  elements 
was  a  political  event  of  great  importance. 


112  REPUBLICAN    PERIOD:    HISTORICAL 

104.  The  First  Triumvirate.  'I'he  senate  was,  in  fact,  so 
elated  by  its  success  that,  when  Pompey  returned  from  Asia 
toward  the  close  of  62,  it  failed  to  confirm  his  arrangements 
or  to  grant  suitable  rewards  to  his  veterans,  and  he  was 
powerless  to  force  it  to  yield.  The  result  was  that  when 
Caesar  returned  from  the  propraetorship  of  Spain  at  the  close 
of  the  year  6 1 ,  he  found  it  easy  to  make  a  private  arrange- 
ment with  Pompey  to  their  mutual  advantage.  Crassus, 
too,  with  whom  Caesar  was  already  on  good  terms,  was 
induced  to  cast  in  his  lot  with  them,  and  a  jmvate  compact, 
commonly  known  as  the  first  triumvirate,  was  formed  be- 
tween the  three  men.  In  the  bargain  it  was  stipulated 
that  Pompey's  arrangements  in  Asia  should  be  ratified, 
that  land  should  be  assigned  to  his  veterans,  that  Caesar 
should  have  the  consulship  in  59  and  a  term  of  five  years 
as  governor  in  Gaul,  while  to  Crassus  a  future  consulship 
was  promised  and  probably  a  place  on  the  Pompeian  land 
commission,  or  else  certain  tax  concessions. 

105.  Caesar's  First  Consulship.  The  triumvirs  carried 
out  the  first  item  in  their  programme  by  electing  Caesar  to 
the  consulship  for  59,  but  Bibulus,  an  extreme  aristocrat,  was 
his  colleague.  The  senate  rejected  the  agrarian  measure 
which  he  proposed  for  Pompey's  benefit,  but  he  secured  its 
passage  in  a  more  radical  form  in  the  comitia,  overcoming 
by  violent  means  the  obstacles  which  his  colleague  threw  in 
his  way.  Pompey's  course  in  the  East  was  approved,  and 
on  the  proposal  of  the  tribune  P.  Vatinius  a  bill  was  passed 
assigning  to  Caesar,  for  five  years,  from  March  i,  59,  the 
provinces  of  Cisalpine  Gaul  and  Illyricum,  \vith  an  army  of 
three  legions,  to  which  the  senate,  apparently  of  its  own 
motion,  added  Transalpine  Gaul  and  a  fourth  legion,  but 
probably  not  for  a  fixed  period.  It  is  worth  while  to  notice 
that  Caesar's  governorship  in  Gaul  began  during  his  term  of 


DIIMOCRACY   AND    NOBILITAS  II3 

office  as  consul.  Perhaps  this  enabled  him  to  make  certain 
arrangements  for  his  province  which  could  not  otherwise 
have  been  made. 

106.  Humiliation  of  the  Senate.  Caesar  did  not  care  to 
go  to  his  province  at  the  end  of  his  consulship  and  leave 
affairs  in  Rome  in  the  hands  of  two  such  unskilful  political 
leaders  as  Pompey  and  Crassus,  until  he  had  crushed  the 
spirit  of  the  senate  and  deprived  it  of  its  most  dangerous 
leaders,  Cato  and  Cicero.  Cato  was  accordingly  sent  to 
Cyprus  on  a  mission  which  would  take  him  from  Rome, 
and  which  seemed  pretty  sure  to  ruin  his  reputation,  while 
Clodius,  an  ex-patrician,  who  was  very  bitter  against  Cicero, 
was  allowed  to  become  tribune  for  58.  Clodius  prepared 
the  way  for  his  attack  on  Cicero  by  securing  the  passage 
of  popular  measures,  which  provided  that  grain  should  be 
given  gratis  to  the  poor,  that  an  announcement  of  unfa- 
vorable auspices  should  not  interfere  with  the  meetings 
of  the  conciliiwi  plebis,  and  that  certain  clubs  of  a  semi- 
political  character  should  no  longer  be  unlawful.  Then  he 
carried  through  two  bills  banishing  Cicero  on  the  ground 
that  he  had  put  the  Catilinarian  conspirators  to  death 
without  granting  them  an  appeal  to  the  people. 

107.  Renewal  of  the  Triumvirate.  But  Pompey  and 
Crassus  showed  themselves  incapable  of  managing  affairs  at 
Rome.  Clodius  terrorized  the  city  \vith  his  armed  bands, 
and  gratuitously  affronted  Pompey  to  such  an  extent  that 
he  forced  him  to  make  common  cause  with  the  sena- 
torial party  to  the  extent  of  securing  Cicero's  recall  in  the 
autumn  of  57.  Cicero's  recall  was  a  triumph  for  the  opti- 
mates.  The  pohtical  incapacity  of  Pompey  and  rumors  of 
disagreement  between  the  triumvirs  encouraged  them  still 
more,  so  that  in  April  of  the  year  5  6  the  senate  took  under 
consideration  a  proposition  to  repeal  the  Campanian  land-law 


114  REPUBLICAN    PERIOD:    HISTORICAL 

of  59.  This  action,  which  was  directed  against  both  Caesar 
and  Pomj)ey,  brought  about  an  immediate  renewal  of  the 
compact  between  them  and  Crassus,  and  in  accordance 
with  its  terms  Pompey  and  Crassus  were  elected  to  the 
consulship  for  the  following  year,  and,  during  their  term  of 
office,  secured  the  passage  of  laws  assigning  Spain  to  Pompey, 
and  Syria  to  Crassus,  for  five  years,  and  prolonging  Caesar's 
proconsulship  for  the  same  period.  Crassus  set  out  for  the 
East  toward  the  close  of  the  year,  but  Pompey  remained  in 
Rome. 

108.  Estrangement  of  Pompey  and  Caesar.  The  violence 
and  disorder,  with  their  accompaniment  of  bribery  and 
political  intrigue,  which  prevailed  almost  uninterruptedly 
from  midsummer  of  the  year  54,  reached  its  climax  in 
January,  52,  in  a  riotous  contest  between  the  followers  of 
Clodius  and  Milo  which  resulted  in  the  death  of  the  demo- 
cratic leader  Clodius,  and,  as  a  last  resort,  Pompey  was 
elected  sole  consul  in  the  intercalary  month  of  this  year. 
This  sudden  elevation  to  extraordinary  power  completed 
the  separation  of  Pompey  and  Caesar.  Pompey  thought 
himself  at  last  in  a  position  to  crush  the  rival,  who  alone, 
since  the  death  of  Crassus  in  the  East,  stood  between  him 
and  the  realization  of  his  hopes  for  supreme  power. 

109.  The  Question  at  Issue  between  Caesar  and  the  Senate. 
After  assuming  office  Pompey  secured  the  passage  of  laws 
imposing  heavier  penalties  for  bribery  and  violence,  and 
prolonging  his  proconsulship  of  Spain  for  five  years,  also  of 
a  lex  de  hire  magistratuum,  providing  that  candidates  for 
office  must  appear  in  person  a  certain  number  of  days 
before  the  election,  and  that  those  who  had  held  office  in 
Rome  must  wait  five  years  before  taking  the  government 
of  a  province.  Caesar,  however,  was  exempted  from  the 
operation  of  the  first  clause  of  the  lex  de  iure  magistratuum 


DEMOCRACY   AND    NOBILITAS  II5 

by  a  special  measure,  and  also  by  a  provision  unconstitu- 
tionally appended  to  the  law  itself,  as  an  afterthought,  by 
Pompey.  By  a  lex  Ponipeia  Licinia  of  55,  as  we  have 
already  noticed,  Caesar's  term  of  office  was  extended  for  a 
period  of  five  years  —  probably,  therefore,  to  March  i,  49  — 
and  special  legislation  of  the  year  5  2  in  his  favor  had  allowed 
him  to  sue  for  the  consulship  in  49,  without  personally 
attending  the  canvass.  His  successor  in  the  provinces 
would  not  naturally  begin  his  term  of  office  until  January  i, 
48,  and,  in  accordance  with  the  regular  practice  in  such 
cases,  Caesar  might  count  on  holding  his  provinces  until 
that  time,  when  he  would  pass  directly  from  the  provincial 
government  to  the  consulship  at  Rome,  thus  avoiding  the 
snares  which  his  enemies  would  otherwise  have  set  for  him. 
As  early  as  April  of  the  year  5 1 ,  however,  the  senate  began 
to  discuss  his  immediate  recall ;  but  the  clever  and  per- 
sistent opposition  of  his  representatives  in  that  body, 
and  the  hesitation  of  Pompey,  prevented  matters  from 
reaching  a  climax  until,  in  December,  50,  the  consul 
M.  Marcellus,  a  bitter  opponent  of  Caesar,  went  to  Naples, 
and  on  his  own  motion  requested  Pompey  to  take  charge 
of  the  legions  near  Luceria  and  defend  the  state.  This 
overt  act  hastened  the  course  of  events.  When  the  senate 
met,  January  i,  49,  Curio,  Caesar's  agent,  presented  a  formal 
ultimatum.  Caesar's  proposals  were  not  accepted,  and  a 
resolution  was  passed  declaring  that  he  would  be  acting 
adversus  rem  pjiblkam  if  he  did  not  give  up  his  army 
by  July  I,  49,  while  on  January  7  the  senatus  consultum 
jiltitnum  was  passed.  Thereupon  the  tribunes  Antonius 
and  Cassius,  as  well  as  Caesar's  representatives,  Curio  and 
Caelius,  set  out  for  his  camp  at  Ravenna.  As  soon  as  he 
had  learned  of  the  action  of  the  senate,  Caesar  crossed 
the  Rubicon  into  Italy  and  marched  toward  Rome.     On 


Il6  REPUBLICAN   PERIOD:   HISTORICAL 

January  14  the  senate  passed  the  decretiwi  tumultus,  but 
the  news  of  Caesar's  rapid  advance  forced  Pompey,  the 
consuls,  and  senators  to  leave  the  city,  and  even  the  forms 
of  civil  gON'ernment  were  given  up. 

110.  The  Conquest  of  the  East.  Some  of  the  wars  which 
fall  within  the  years  under  consideration  in  this  chapter  have 
already  been  mentioned.  Two  great  miUtary  achievements 
of  this  period,  however,  the  conquest  of  the  East  and  the 
extension  of  Roman  power  to  the  west,  call  for  separate 
consideration.  For  sixty  years  after  the  defeat  of  Antiochus 
at  Magnesia  (p.  85)  the  Romans  took  little  active  interest 
in  Asiatic  politics,  but  when  in  133  Attalus  III,  king  of 
Pergamum,  bequeathed  to  them  his  territory,  including 
Ionia,  Caria,  Lydia,  and  Mysia,  and  the  new  province  of 
Asia  was  thus  established,  the  possibilities  in  the  East 
appealed  strongly  to  their  political  and  commercial  ambi- 
tion. The  weakness  of  the  various  Asiatic  powers,  and  the 
internal  dissensions  which  prevailed  in  many  states  seemed 
to  hold  out  to  the  Romans  the  promise  of  an  easy  exten- 
sion of  territory,  but  the  rapid  development  of  a  new  power 
on  the  southeastern  shore  of  the  Euxine  seriously  imperiled 
their  prospects. 

111.  The  First  Mithridatic  War.  In  121  Mithridates 
Eupator  succeeded  his  father  on  the  throne  of  Pontus. 
Seven  years  later  he  threw  off  the  tutelage  of  his  mother 
Laodice  and  entered  on  a  career  of  conquest,  for  which 
his  personal  qualities  and  his  skill  as  a  soldier  and  a  diplo- 
mat eminently  fitted  him.  In  rapid  succession  he  brought 
under  his  control  almost  all  the  territory  along  the  north 
shore  of  the  Euxine,  Colchis  and  Armenia  Minor,  and 
made  alliances  with  the  Scythians,  Thracians,  and  Bastamae. 
Then  he  turned  his  attention  to  Paphlagonia,  Cappadocia, 
Galatia,  and  Bithynia.    The  Romans  opposed  his  designs  in 


DEMOCRACY   AND   NOBILITAS  II7 

Cappadocia  and  Bithynia,  and  even  induced  Nicomedes  III 
of  Bithynia  to  invade  the  territory  of  Mithridates,  where- 
upon Mithridates  declared  war  against  Rome.  He  rapidly 
overran  Cappadocia,  Bithynia,  and  Asia,  instigated  an  in- 
discriminate slaughter  of  Italians  in  the  Greek  cities  of 
Asia,  and  then  sent  his  general,  Archelaus,  through  Thrace 
into  Macedonia.  A  fleet  was  also  dispatched  across  the 
Aegean  sea.  All  Greece,  except  Aetolia  and  Thessaly,  was 
quickly  subdued,  but  Sulla's  arrival  in  Greece  at  the  head 
of  five  legions  quickly  changed  the  aspect  of  affairs.  His 
victories  in  86  at  Chaeronea  and  Orchomenus  brought  the 
war  in  Greece  to  an  end,  and  his  quaestor,  L.  Licinius 
Lucullus,  collected  a  fleet  and  freed  the  islands  in  the  Aegean 
the  following  year.  These  disasters,  followed  by  disaffection 
in  Asia  Minor,  induced  Mithridates  to  sue  for  a  peace  which 
Sulla's  eagerness  to  return  to  Italy  to  instal  his  party  in 
power  again  made  him  ready  to  accept.  By  the  terms  of 
the  treaty  which  was  finally  arranged  at  Dardanus  in  85, 
Mithridates  agreed  to  give  up  the  acquisitions  which  he  had 
made  since  the  beginning  of  the  war,  viz.,  Cappadocia,  Paph- 
lagonia,  Galatia,  Bithynia,  and  Asia,  to  pay  a  war  indemnity 
of  2000  talents,  and  to  surrender  seventy  ships. 

112.  The  Second  and  Third  Mithridatic  Wars.  The  peace 
at  Dardanus  proved  to  be  little  more  than  a  truce.  Two 
years  after  its  conclusion  hostilities  were  resumed  between 
Mithridates  and  L.  Licinius  Murena,  Sulla's  successor  in 
Asia,  and,  when  Nicomedes  III  of  Bithynia  died  in  75, 
bequeathing  his  kingdom  to  the  Roman  people,  Mithridates, 
who  claimed  Bithynia,  invaded  the  territory  of  that  state 
without  hesitation,  and  war  broke  out  again.  On  the 
Roman  side,  the  provinces  of  Cilicia  and  Asia  and  the 
conduct  of  the  campaign  were  intrusted  to  L.  Licinius 
Lucullus,  the  consul  for  74,  while  Bithynia  with  command 


Il8  REPUBLICAN    PERIOD:    HISTORICAL 

of  the  fleet  was  given  to  his  colleague,  M.  Aurelius  Cotta. 
Mithridates  easily  defeated  Cotta  near  Chalcedon,  destroyed 
the  Roman  fleet,  and  then  laid  siege  to  Cyzicus.  But 
before  the  city  could  be  taken  Lucullus  came  to  its  relief, 
and  Mithridates,  after  losing  many  of  his  troops  from  famine 
and  disease,  was  forced  to  raise  the  siege  and  withdraw  into 
Pontus.  The  rapid  advance  of  Lucullus  compelled  him  to 
retire  from  Pontus  also,  and  to  take  refuge  with  his  son-in- 
law,  Tigranes,  king  of  Armenia.  Lucullus  followed  up  the 
campaign  with  vigor,  and,  when  Tigranes  refused  to  give 
up  his  father-in-law,  he  entered  Armenia,  defeated  him 
near  Tigranocerta  in  69,  and  in  the  following  year  gained  a 
signal  victory  over  the  combined  forces  of  Mithridates  and 
Tigranes.  But  the  enemies  of  Lucullus  in  Rome,  notably 
the  money-lenders  and  tax-gatherers,  who  had  been  embit- 
tered by  the  strictness  with  which  he  had  checked  their 
exorbitant  demands  in  Asia,  had  for  several  years  been 
urging  his  recall,  and  on  the  eve  of  his  final  triumph 
accomplished  their  purpose.  He  was  recalled,  and,  by  the 
Manilian  law  of  66,  Pompey  was  sent  out  to  succeed  him 
as  governor  of  the  provinces  of  Bithynia  and  Cilicia,  with 
exceptional  powers  as  commander-in-chief  of  the  forces 
in  the  East.  The  resources  of  Mithridates  were  already 
well-nigh  exhausted,  and  the  vigorous  campaign  of  Pompey 
soon  brought  the  war  to  an  end.  A  crushing  defeat  was 
inflicted  on  Mithridates  on  the  banks  of  the  Eujjhrates  in 
Lesser  Armenia  in  66,  and,  although  the  king  himself 
escaped,  he  was  never  again  able  to  offer  any  effective 
resistance  to  Roman  arms.  Three  years  later  he  com- 
mitted suicide.  Tigranes,  harassed  by  troubles  at  home, 
made  his  peace  with  Pompey. 

113.    The  Pirates  in  the  Mediterranean.     Before  taking 
charge  of  the  forces  acting  against  Mithridates,  Pompey  had 


DEMOCRACY   AND    NOBILITAS  tlQ 

rendered  a  valuable  service  to  Rome  by  ridding  the  Medi- 
terranean of  the  pirates  who  had  infested  it  for  many  years. 
The  number  of  these  freebooters  had  been  largely  aug- 
mented by  those  who  fled  from  Asia  to  escape  the  severe 
measures  which  Sulla  adopted  during  his  campaigns  in  the 
East,  so  that  in  a  short  time  they  were  strong  enough  to 
terrorize  the  islands  in  the  Aegean,  plunder  almost  all  the 
sanctuaries  in  Greece,  and  estabUsh  themselves  securely  in 
western  Cilicia.  P.  Servilius  Isauricus,  who  carried  on  a 
campaign  against  them  from  78  to  74,  and  his  successors, 
M.  Antonius  and  Q.  Caecilius  Metellus,  failed  to  accomplish 
permanent  results,  and  the  boldness  of  the  pirates  increased 
to  such  an  extent  that  the  grain  supply  of  Rome  and  the 
safety  of  Italian  coast  towns  were  seriously  threatened.  The 
passage  of  the  Gabinian  law  in  67  was,  therefore,  in  response 
to  the  urgent  popular  demand  for  the  complete  suppression 
of  piracy  in  the  Mediterranean.  This  measure  gave  Pom- 
pey  charge  of  the  forces  acting  against  the  pirates  for  a 
period  of  three  years,  and  supreme  control  of  territory  on 
the  shores  of  the  Mediterranean  to  a  distance  of  fifty  miles 
from  the  coast.  In  forty  days  he  drove  the  pirates  out  of 
the  western  Mediterranean,  and  then  captured  their  strong- 
holds in  Cilicia.  The  mild  policy  which  he  adopted  after 
their  conquest,  as  well  as  the  vigorous  campaign  which  he 
had  carried  on  against  them,  effectually  removed  this  menace 
to  Roman  commerce. 

1 14.  The  Empire  in  the  East.  In  fact,  the  wisdom  which 
Pompey  showed  in  his  dealings  with  the  conquered  peoples 
of  the  East  and  the  thoroughness  of  his  work  of  reorgani- 
zation are  as  remarkable  as  his  successes  in  the  field.  Not 
only  did  his  conquests  extend  Roman  power  to  the  Euphra- 
tes, but  the  administrative  arrangements  which  he  made 
secured  permanent  quiet   throughout   the   newly  acquired 


120  REPUBLICAN    PERIOD:    HISTORICAL 

territory.  Roman  authority  was  henceforth  recognized 
in  all  parts  of  Asia  Minor  and  Syria.  The  provincial  status 
of  Asia  had  been  finally  fixed  in  129.  To  Bithynia,  which 
Nicomedes  III  bequeathed  to  the  Roman  people  in  74, 
Pompey  added  western  Pontus  in  65.  Cilicia,  which  was 
made  a  province  in  102,  included  after  64  Cilicia  Campes- 
tris,  Cilicia  Aspera,  Pamphylia,  Pisidia,  Isauria,  Lycaonia, 
and  a  part  of  Phrygia.  In  Syria,  which  he  made  a  province 
in  64,  Pompey  established  various  free  cities  and  principal- 
ities under  the  Roman  protectorate,  wisely  leaving  time  to 
bring  about  that  unity  in  administration  which  tradition 
and  existing  political  subdivisions  made  well-nigh  impos- 
sible at  the  moment.  Cappadocia  and  Galatia  were  allowed 
to  retain  a  nominal  independence  under  the  suzerainty  of 
Rome.  The  ill-starred  expedition  of  Crassus  in  53  made 
no  change  in  the  arrangements  of  Pompey,  since  the  Par- 
thians  did  not  take  advantage  of  their  success  to  invade 
the  territory  of  Rome. 

115.  The  Conquest  of  Gaul.  Caesar's  achievements  in 
the  West  between  58  and  the  outbreak  of  the  Civil  war  in 
49  were  as  noteworthy  as  those  of  Pompey  in  the  East. 
When  he  went  north  in  the  spring  of  58  to  take  charge  of 
his  three  provinces,  Cisalpine  Gaul,  Illyricum,  and  Trans- 
alpine Gaul,  he  found  two  very  serious  questions  facing 
him.  For  nearly  three  years  the  Helvetii  had  been  prepar- 
ing to  leave  their  old  home  and  migrate  westward  into 
Gaul.  In  the  early  part  of  58  their  arrangements  were 
complete,  and  the  migration  began.  They  had  intended 
to  go  through  the  Roman  province,  but  by  a  rapid  march 
northward  Caesar  closed  this  route,  forced  them  to  pass 
through  the  territory  of  the  Sequani,  ultimately  inflicted  a 
crushing  defeat  on  them  near  Bibracte,  and  forced  the 
remainder  of  the  great  host  to  return  to  its  own  country. 


DEMOCRACY   AND   NOBILITAS  121 

The  other  immediate  danger  threatening  Rome  and  her 
alUes  resulted  from  the  ambitious  projects  of  the  Germans. 
In  72  they  had  been  invited  by  the  Sequani  to  cross  the 
Rhine  and  assist  them  against  their  old  enemies,  the  Aedui. 
The  invitation  was  accepted.  But  the  coming  of  the 
Germans  proved  to  be  more  of  a  disaster  to  the  Sequani 
than  to  the  Aedui,  since  a  large  number  of  them  settled  in 
the  territory  of  the  Sequani  and  more  were  planning  to 
follow.  The  entreaties  of  the  Aedui  and  the  proximity  of 
the  Germans  to  Farther  Gaul  induced  Caesar  to  advance 
against  the  German  king  Ariovistus.  In  a  sharp,  decisive 
campaign  Ariovistus  was  defeated  and  driven  back  across 
the  Rhine.  The  campaign  of  57  was  directed  against  the 
Belgae,  who  were  so  irritated  and  alarmed  by  the  presence 
of  Roman  troops  near  their  frontier  that  they  declared  war 
and  began  to  mass  their  forces  to  oppose  the  Romans. 
The  Nervii  were  the  only  Belgic  tribe  which  made  a  serious 
resistance  to  his  progress,  however,  and  they  were  subdued 
before  autumn,  and  the  entire  territory  of  Belgic  Gaul  recog- 
nized the  authority  of  Rome.  In  the  year  56  Caesar  built 
a  fleet,  reduced  the  Veneti  at  the  mouth  of  the  Loire, 
and  subdued  the  Morini  and  the  Menapii  on  the  North 
sea,  while  his  lieutenant,  P.  Crassus,  received  the  submission 
of  the  Aquitani.  The  next  two  years  were  signalized  by 
two  enterprises  more  suggestive  and  dramatic  in  their 
character  than  of  immediate  practical  value.  In  55,  after 
driving  out  two  German  tribes,  the  Usipetes  and  Tencteri, 
who  had  come  over  to  the  left  bank  of  the  river,  the  Roman 
army  crossed  the  Rhine  for  the  first  time,  to  deepen  the 
impression  already  made  on  the  Germans,  while  in  the 
same  year  an  armed  reconnaissance  was  made  into  Britain. 
Neither  this  expedition  into  Britain,  nor  the  more  carefully 
planned  one  of  the  following  year,  produced  results  of  value. 


122  REPUBLICAN    PERIOD:    HISTORICAL 

Toward  the  close  of  the  year  the  revolt  of  the  Treveri, 
Eburones,  and  Nervii  inflicted  serious  loss  on  the  Romans, 
and  for  a  time  put  Q.  Cicero,  the  brother  of  the  orator,  in 
great  peril ;  but  before  the  close  of  the  year  the  insurrection 
was  quelled  for  the  moment.  In  53,  however,  trouble  broke 
out  afresh  in  the  same  quarter,  and  the  entire  summer  was 
needed  to  restore  order  again.  Report  of  a  general  uprising 
in  the  central  and  southern  sections  of  Gaul  obliged  Caesar 
to  hurry  back  from  Italy  across  the  Alps  in  the  winter  of 
53-2.  He  found  that  the  leaders  in  the  movement  were 
the  Arverni  and  Carnutes,  who  had  united  under  the 
Arvernian  chief  Vercingetorix.  The  attempt  of  the  Gallic 
forces  to  prevent  Caesar  from  reaching  his  army  foiled,  and 
Vercingetorix  was  obliged  to  retire  to  Alesia  and  ultimately 
to  surrender,  notwithstanding  the  vigorous  efforts  made  by 
the  Gallic  troops,  which  came  to  his  relief,  to  force  Caesar 
to  withdraw.  After  the  foil  of  Alesia,  Caesar  encountered 
no  more  serious  resistance  during  his  term  of  office  as  gov- 
ernor. Roman  authority  was  now  recognized  in  Belgica, 
Gallia  Narbonensis,  and  in  the  districts  known  later  as 
Aquitania  and  Crallia  Lugdunensis,  The  outbreak  of  the 
Civil  war,  and  the  shortness  of  the  interval  between  its 
conclusion  and  his  death,  prevented  Caesar  from  properly 
organizing  the  newly  acquired  territory ;  but  the  character 
and  the  wisdom  of  his  plans  are  evident  from  the  fact  that 
he  granted  Roman  citizenship  to  the  Transpadane  Gauls  in 
49,  gave  Latin  rights  to  many  other  communities,  and  that 
between  46  and  the  date  of  his  death  he  sent  out  five  new 
colonies  to  points  in  Gaul.  Everywhere,  too,  he  sought  by 
his  policy  of  moderation  to  avoid  a  clash  between  the  old 
national  spirit  and  traditions  and  the  new  civilization. 

116.    The  Condition  of  the  Provinces.     The  form  of  gov- 
ernment which    Rome  gave  to  her  ])rovinces  has  already 


DEMOCRACY   AND    NOBILITAS  1 23 

been  discussed  (pp.  88  ff.),  but  the  condition  in  which  they 
really  were  was  far  different  from  that  which  an  examination 
of  leges  provinciarum  would  lead  us  to  expect.     The  Roman 
government  and  the  Roman  people  looked  at  a  province 
solely  as  a  possible  source  of  profit  to  the  state  and  the 
individual.      Care    was    taken,   therefore,   to   develop    the 
material  resources   by  improving   methods  of   cultivation 
and  by  promoting  trade  and  building  roads ;  but  the  wel- 
fare of  the  provincial  was  not  a  matter  of  concern,  except 
in  so  far  as  his  prosperity  helped  to  fill  the  pockets  of  gov- 
ernment officials,  of  the  publicani,  and  of  the  negotiatores. 
The  former  were,  indeed,  forbidden  by  the  lex  provinciae  to 
receive  presents,  engage  in  trade,  or  accept  favors,  but  the 
possibilities  were  so  great,  and  the  needs  of  the  average 
Roman  official  so  pressing,  that  few  of  them  resisted  the 
temptation.     A  special  court  had  been  established  in  Rome 
for  the  trial  of  such  offenders,  it  is  true,  but  the  provincials 
found  it  almost  impossible  to  secure  a  conviction.     As  for 
the  publica?ii,  the  Roman  system  of  tax  farming  practically 
put  a  premium  on  extortion,  and   the  moneyed  interests 
at  Rome  behind  the  tax-gatherers  effectually  checked  any 
attempts  which  a  merciful  governor  might  make  to  protect 
the  provincials,  as  Lucullus  found  to  his  cost.     The  same 
may  be  said  of  the  negotiatores,  who  had  come  into  posses- 
sion of  almost  all  the  landed  property  and  the  commercial 
interests  in  the  provinces,  and  exacted  from  needy  individ- 
uals and  communities  interest  amounting  in  some  cases,  as 
we  learn  from  Cicero's  correspondence,  to  48  per  cent. 

117.  General  Political  Results.  The  conquests  of  Pompey 
and  Caesar,  which  had  brought  within  the  sphere  of  Roman 
influence  the  entire  Mediterranean  coast  with  the  exception 
of  Egypt  and  Mauretania,  and  had  extended  the  Roman 
frontier  to  the  Euphrates  on  the  east  and  the  Rhine  on  the 


124  REPUBLICAN    PERIOD:    HISTORICAL 

north,  could  not  fail  to  exert  a  reflex  influence  on  Italy 
itself.  The  economic  and  political  changes  among  the 
masses,  to  which  earlier  extensions  of  Roman  territory  had 
given  rise  (pp.  77-80),  were  accelerated  by  the  conquests 
made  between  66  and  49.  Furthermore,  the  general 
machinery  of  government  had  broken  down  under  the 
strain  put  upon  it  by  the  policy  of  imperialism.  All  the 
great  achievements  of  Caesar  and  Pompey  required  a  viola- 
tion of  the  oligarchic,  or  republican,  tradition.  This  is 
notably  the  case  in  the  matter  of  the  term  of  office,  the 
special  powers,  and  the  great  extent  of  territory  granted  to 
both  men.  The  danger  to  the  republican  form  of  govern- 
ment which  lay  in  the  disappearance  of  the  middle  class, 
and  in  the  preeminence  of  individuals,  was  aggravated  by 
the  change  in  the  composition  of  the  army  and  in  its  rela- 
tions to  its  chief.  We  have  already  had  occasion  to  notice 
the  transformation  which  had  taken  place  in  the  attitude 
of  the  Roman  soldier  toward  his  leader  (p.  64)  as  a  result 
of  long  campaigns  abroad.  The  new  spirit  of  implicit 
obedience  and  personal  allegiance  which  he  had  begun  to 
show,  became  still  stronger  in  the  case  of  soldiers  drawn 
from  the  provinces,  as  were  many  of  Caesar's  soldiers,  for 
whom  the  civil  traditions  of  Rome  had  no  existence.  An 
extended  term  of  office  in  the  provinces  had  ])ut  at  the 
service  of  Caesar  and  Pompey  resources  greater  than  those 
which  the  state  could  command,  and  armies  which  recog- 
nized allegiance  to  their  generals  rather  than  to  the  Roman 
government.  The  issue,  therefore,  lay  not  between  the 
state  and  one  or  the  other  of  these  great  commanders,  but 
between  these  leaders  themselves. 


DEMOCRACY   AND   NOBILITAS  I25 


Selections  from  the  Sources 

Livy,  Epp.  LVIII-CIX  ;  Plutarch,  Lives  of  Ti.  Gracchus,  C 
Gracchus,  Marius,  Sulla,  Sertorius,  Lucullus,  Crassus,  Pompey, 
Cicero,  Caesar ;  Appian,  Iberian,  Numidian,  Illyriatt,  Miihridatic, 
Civil  Wars;  Dio  Cassius,  XXXV-XL;  Zonaras,  X.  1-8;  Diodorus, 
XXXI V-XL;  Velleius  Paterculus,  II.  2-49;  ^zSSxLi.t,  Histories  (^x'i.^- 
raents),  Jiigurthine  War,  Conspiracy  of  Catiline;  Cicero,  Letters, 
Oratio7ts ;  Asconius,  Commentaries ;  Caesar,  Gallic  War. 

Lex  agraria  Ti.  Gracchi:  Liv.  Ep.  LVIII ;  Appian,  B.  C.  I.  9; 
Veil.  II.  2.3. — Rogatio  Fulvia  de  civitate  sociis  Italicis  danda:  Val. 
Max.  IX.  5.  I.  —  Lex  Sempronia  frumentaria :  Liv.  Ep.  LX;  Schol. 
Bob.  ad  Cic.pro  Sest.  pp.  300,  303,  ed.  Or.  ;  Cic.  pro  Sest.  103  ;  de 
Off.  II.  72.  —  Leges  Semproniae  de  provocatione  :  Cic.  pro  Rab.  perd. 
12  ;  in  Cat.  IV.  10;  in  Verr.  ii.  5.  163  ;  pro  Chietit.  151  ;  Cell.  X.  3; 
Plut.  C.  Gracch.  4.  —  Lex  Sempronia  iudiciaria :  Liv.  Ep.  LX ; 
Appian,  B.  C.  I.  22  ;  Veil.  II.  32.  3  ;  Tac.  Ann.  XII.  60 ;  Cic.  in  Verr. 
Act.  I.  38.  —  Lex  Sempronia  de  provinciis  consularibus  :  Cic.  de  Domo, 
24 ;  Sail.  lug.  27.  —  Death  of  C.  Gracchus  :  Liv.  Ep.  LXI.  —  Outbreak 
of  Jugurthine  war:  Sail.  lug.  27  ff.;  Liv.  Ep.  LXIV.  —  Defeat  of 
Postumius:  Liv.  Ep.  LXIV;  '$,z\\.  lug.  38  f.  —  Close  of  the  Jugur- 
thine war :  Liv.  Ep.  LXVI.  —  Invasion  of  the  Cimbri :  Liv.  Ep. 
LXIII;  Tac.  Germ.  37;  Flor.  III.  3. —  Defeat  of  Silanus :  IX^.Ep. 
LXV.  — Defeat  of  Cassius:  Liv.  Ep.  LXV;  Caes.  B.  G.  I.  7.— 
Battle  of  Arausio:  Liv.  Ep.  LXVII ;  Orosius,  V.  16;  Sail.  lug. 
114.  —  Aquae  Sextiae  and  Campi  Raudii :  Liv.  Ep.  LXVIII ;  Veil. 
IL  12. — Lex  Domitia  de  Sacerdotiis :  Cic.  De  Leg.  Agr.  II.  16-18; 
Veil.  II.  12.  3.  —  Marius,  consul  for  sixth  time :  Veil.  II.  12. 6 ;  Liv.  Ep. 
LXIX.  —  Lex  Apuleia  agraria:  Appian,  B.  C.  I.  29.  —  Lex  Apuleia 
frumentaria:  Atict.  ad  Her.  I.  21.  —  Lex  Caecilia  Didia:  Schol.  Bob. 
ad  Cic.  pro  Sest.  p.  310,  ed.  Or.;  Cic.  de  Domo,  41.  —  Condernnation 
of  P.  Rutilius  Rufus:  Liv.  Ep.  LXX;  Veil.  II.  13.  2.  — Leges  Livlae 
Drusi:  Appian,  B.  C  I.  35  ;  Veil.  II.  13;  Liv.  Epp.  LXX-LXXI. — 
Social  war :  Liv.  Epp.  LXXII-LXXVI,  LXXX ;  Appian,  B.  C.  I. 
39-53  ;  Veil.  II.  15  ff.  —  Lex  Julia  :  Cic.  pro  Balbo,  21 ;  Cell.  IV.  4; 
Appian,  B.  C.  I.  49.  —  Lex  Plautia  Papiria :  Cic.  pro  Arch.  7  ;  Schol. 
Bob.  p.  353,  ed.  Or.  —  Lex  Pompeia :  Ascon.  in  Cic.  Pis.  p.  3,  ed. 
Or.  —  Outbreak  of  first  Mithridatic  war :  Liv.  Epp.  LXXVII- 
LXXVIII;    Appian,    Mith.    17    ff.  ;    Veil.    II.     18.  — Chaeronea: 


126  REPUBLICAN    PERIOD:    HISTORICAL 

Appian,  Mith.  41  ff.;  Plut.  Sulla,  15  ff-;  Eutr.  V.  6.  —  Orchomenus : 
Appian,  Mith.  49-50;  Plut.  Sulla,  20-21  ;  Eutr.  V.  6. — Peace  of 
Daidanus  :  Plut.  Sulla,  22  ;  Appian,  Mith.  54-8  ;  Liv.  Ep.  LXXXIII; 
Veil.  II.  23.  —  Marius  and  Sulpicius  :  Liv.  Ep.  LXXVII;  Eutr.  V. 
4;  Plut.  Sulla,  7-10;  Mar.  J4-5 ;  Appian,  B.  C.  I.  55-60;  Veil. 
II.  18-19.  — Cinna  and  Marius  :  Liv.  Epp.  LXXIX-LXXX  ;  Veil.  II. 
20  ff.;  Plut.  Mar.  41  ff.;  Appian,  B.  C.  I.  67  ff.  —  Sulla's  return: 
Liv.  Epp.  LXXXV-LXXXVIII;  VWt.  Sulla,  27  ff . ;  Appian,  B.  C. 

I.  79  ff.  ;  Veil.  II.  24  ff.  — Sulla,  dictator:  Appian,  B.  C.  I.  98; 
Plut.  Sulla,  33;  Liv.  Ep.  LXXXIX.  —  Leges  Comeliae  de  magistra- 
tibus :  Appian,^.  C.  I.  loo;  Cic.  r/iil.  XI.  11;  Tac.  Ann.  XL  22; 
Caes.  B.  C.  I.  32.  2. — Lex  Cornelia  tribunicia :  Appian,  B.  C.  I.  100; 
Liv.  Ep.  LXXXIX;  Cic.  de  Legg.  III.  22;  Caes.  B.  C.  I.  5,  7. — 
Leges  Comeliae  iudiciariae :  Veil.  II.  32  ;  Tac.  Ann.  XI.  22 ;  Cic. 
in  Pis.  50  ;  pro  Cluent.  148  ;  in  Verr.  ii.  i.  108;  Tac.  Ann.  XII.  60; 

—  Rogatio  Quinctia  de  abrpgandis  legibus  Comeliis:  Plut.  Luc.  5. — 
Lex  Terentia  Cassia  frumentaria  :   Cic.  in  Verr.  ii.  3.  163 ;  ii.  5.  52. — 

—  Sertorius  murdered:  Liv.  Ep.  XCVI ;  Ores.  V.  23.  13;  Plut.  Sert. 
25  ff.  —  Spartacus  defeated:  Appian,  B.  C.  I.  118  ff. ;  Liv.  Ep. 
XCVII;  Eutr.  VI.  7.  —  Lex  Pompeia  tribunicia:  Veil.  II.  30;  Cic. 
in  Verr.  Act.  I.  43-5;  de  Legg.  III.  22,  26.  —  Lex  Aurelia  iudiciaria: 
Ascon.  in  Pis.  p.  16;  Schol.  Bob.  p.  229.  17. — Outbreak  of  third 
Mithridatic  war:  Plut.  Luc.  7;  Appian,  B.  C.  I.  iii.  —  Relief  of 
Cyzicus  :  Appian,  Mith.  72  ff . ;  Plut.  Luc.  11.  —  Invasion  of  Pontus  : 
Appian,  Mith.  82  ff. ;  Plut.  Lttc.  19  ff. — Tigranocerta :  Plut.  Luc. 
25  ff. ;  Appian,  Mith.  84-5.  —  Lex  Gabinia  :  Cic.  de  Imp.  Cn.  Pomp. 
52  f.  ;  Die,  XXXVI.  6-19;  Plut.  Pomp.  25;  Veil.  II.  31.  — Lex 
Manilla:  Cic.  de  Imp.  Cn.  Pomp.  ;  Die,  XXX VI.  25-6;  Plut.  Pomp. 
30;  Veil.  II.  33.  — Defeat  of  Mithridates :  Die,  XXXVI.  29-33; 
Appian,  Mith.  97-101.  —  Catilinarian  conspiracy:  Sail.  Coni.  Cat.; 
Cic.  Orationes  in  Cat.;  Die,  XXXVII.  29-42 ;  Plut.  Cic.  10-22.— 
First  triumvirate :  Dio,  XXXVIL  54-8;  Appian,  B.  C.  II.  9;  Plut. 
Crass.   14;   Pomp.  47;    Caes.   13.  —  Lex  Julia  agraria :   Cic.  ad  Att. 

II.  18.  2;  Suet.  lul.  20;  Veil.  II.  44.  —  Lex  Vatinia  de  imperio 
Caesaris:  Suet.  lul.  22;  Schol.  Bob.  in  Vat.  p.  317;  Dio,  XXXVIII. 
8. — The  Helvetii :  Caes.  B.  G.  I.  1-30.  —  Ariovistus  :  Caes.  B.  G. 
I-  31-54— Belgae:  Caes.  B.  G.  II.  —  Veneti:  Caes.  B.  G.  III. 
7-16.  —  Aquitani :  Caes.  B.  G.  III.  20-27.  —  Usipetes  and  Tencteri  : 
Caes.  B.  G.  IV.  1-15.  —  Second  British  expedition:  Caes.  />'.  G. 
V.  2,  5-23.  —  Nervii,  etc.:  Caes.  B.   G.   VI.   1-8.  —  Verciagetorix  : 


DEMOCRACY   AND   NOBILITAS  12/ 

Caes.  B.  G.  VII.  —  Cicero's  banishment :  Veil.  II.  45  ;  Cic.  de  Domo, 
43-64 ;  pro  Plane.  86-90,  95-103.  — His  recall :  Die,  XXXIX.  6-1 1 ; 
Pint.  Cic.  33;  Cic.  ad  Att.  IV.  i.  —  Renewal  of  triumvirate:  Plut. 
Caes.  21 ;  Pomp.  51 ;  Appian,  B.  C.  II.  17  ;  Suet.  Jul.  24.  —  Crassus 
killed:  Die.  XL.  25-7;  Plut.  Crass.  28-31.  —  Pompey,  sole  consul: 
Veil.  II.  47 ;  Die,  XL.  50.  —  Lex  de  iure  magistratuum :  Suet.  Iitl. 
28;  Cic.  ad  Att.  VIII.  3.  3;  Cic.  Phil.  II.  24.  —  First  overt  act  in 
civil  war:  Die,  XL.  64-6;  Plut.  Pomp.  58-9.  —  Negotiations  in 
senate  :  Caes.  B.  C.  I.  1-6 ;  Cic.  ad  Fam.  XVI.  11.  —  Caesar  marches 
southward:  Caes.  B.  C.  I.  8  ff. ;  Suet.  Jul.  32  ff. ;  Appian,  B.  C. 
II.  35  ff. 

Selected  Bibliography  * 

W.   Dnimann,   Geschichte   Roms,  6   Bde.,   Koenigsberg,   1834-44 

(Bd.  1.2     Berlin,  1899). 
G.  Long,  The  Decline  of  the  Roman  Republic,  5  vols.     London, 

1864-74. 
C.  Neumann,  Geschichte  Roms  wahrend  des  Verfalles  der  Repub- 

lik,  2  Bde.     Breslau,  188 1-4. 
K.  W.  Nitzsch,  Die  Gracchen,  etc.     Berlin,  1847. 
Ed.  Meyer,  Untersuchungen  zur  Geschichte  der  Gracchen.     Halle, 

1894. 
A.  H.  Beesly,  The  Gracchi,  Marius  and  Sulla.     New  York,  1893. 
W.   Strehl,  M.  Livius  Drusus,  Volkstribun  91  v.  Chr.     Marburg, 

1887. 
W.  Forsyth,  Life  of  M.  Tullius  Cicero,  2  vols.     New  York,  1863. 
W.  W.  Fowler,  Julius  Caesar  and  the  Foundation" of  the  Roman 

Imperial  System.     New  York,  1891. 
J.  A.  Froude,  Caesar.     London,  1886. 
Strachan-Davidson,  Cicero  and  the  Fall  of  the  Roman  Republic. 

New  York,  1894. 
Erich    Marcks,    Die    Ueberlieferung    des    Bundesgenossenkrieges 

91-89  V.   Chr.     Marburg,  1884. 
Th.  Reinach,  Mithridate  Eupator,  roi  du  Pont.     Paris,  1890. 
Th.  Lau,  L.  Cornelius  Sulla.     Hamburg,  1855. 
E.  v.  Stem,  Catilina  u.  d.  Parteikampfe  in  Rom  d.  Jahre  66-63  v. 

Chr.     Dorpat,  1883. 
E.  Beesly,  Catiline,  Clodius,  and  Tiberius.     London,  1878. 

*  See  also  general  bibliography  on  p.  22. 


1 28  Ki:i'UHlJCAX    I'KRIOI):    HISTORICAL 

Ch.  Merivale,  The  Roman  Triumvirates.     New  York,  1S93. 

Th.   Mommsen,    Die    Rechtsfrage    zwischen   Casar    u.   dem   Senat. 

Breslau,  1857. 
O.  E.  Schmidt,   Der  Briefwechsel  d.   M.  Tullius  Cicero.     Leipzig, 

1893. 
H.  Nissen,  Der  Ausbruch  d.  Biirgerkriegs  49  v.  Chr.,  in  von  Sybel's 

Hist.  Zeitschr.  (N.F.)  VIII,  409-445,  and  X,  4S-105. 

SUI'I'I.F.MKXTARV    LlTKR.ATURK,    I9OI-I9IO 

Drumann-Groebe,  Geschichte  Roms,  etc.,  4  vols.     Berlin,  1899 . 

Greenidge  and  Clay,  Sources  for  Roman  History,  133-70  B.C. 
Oxford,  1903. 

Greenidge,  A  History  of  Rome  during  the  Later  Republic  and  Early 
Principate,  Vol.  I  (133-104  B.C.).     New  York,  1905. 

Callegari,  La  legislazione  sociale  di  Caio  Gracco.     Padua,  1896. 

Fowler,  Social  Life  at  Rome  in  the  Age  of  Cicero.    New  York,  1909. 

Boissier,  La  conjuration  de  Catilina. 

Salvioli,  Le  capitalisme  dans  le  monde  antique.     Paris,  1906. 

Holmes,  Caesar's  Conquest  of  Gaul.     New  York,  1899. 

C.  Jullian,  Gallia :  Tableau  sommaire  de  la  Gaule  sous  la  domination 
romaine.     Paris,  1892. 

Barbagallo,  Le  relazione  politiche  di  Roma  con  I'Egitto  dalle  ori- 
gin! al  50  A.c.     Rome,  1901. 


CHAPTER   VII 

THE   PERIOD   OF   TRANSITION 

Ii8.  The  Period  from  49  to  29  B.C.  The  external  his- 
tory of  the  Roman  Empire  from  the  outbreak  of  the  Civil 
war  in  January,  49,  to  the  summer  of  29,  when  Octavius 
returned  to  Rome  from  the  battle  of  Actium,  falls  into  two 
sharply  marked  periods.  The  dividing  line  is  the  assassina- 
tion of  Caesar.  From  the  point  of  view  of  constitutional 
development  or  change  there  is  no  such  clear  division. 
The  same  elements  in  society  and  in  the  state  which  sup- 
ported the  Pompeian  cause  in  the  early  part  of  the  first 
period  were  in  the  main  arrayed  against  Antony  and  the 
triumvirs  in  43  and  42.  Furthermore,  the  means  which 
Julius  Caesar  adopted  to  hold  the  power  in  his  hands  served 
the  purpose  of  the  triumvirs  so  well  that  they  did  not  find 
it  necessary  to  make  many  changes  in  the  governmental 
machinery.  So  far  as  the  essential  character  of  the  gov- 
ernment is  concerned,  it  makes  little  difference  whether 
an  autocrat  holds  the  title  of  dictator,  as  Caesar  did,  or  of 
triumvir,  as  in  the  case  of  Octavius.  Coijsequently,  from 
the  standpoint  of  internal  history  the  twenty  years  in 
question  form  a  unit.  Our  interest  in  them  consists  largely 
in  the  fact  that  in  this  period  the  development  of  the 
Roman  constitution  along  certain  lines,  which  it  had  been 
following  almost  imperceptibly  for  several  generations,  is 
now  evident  and  rapid,  and  that  Rome  begins  to  develop 
out  of  a  city-state  with  widespread  dependencies  into  the 
capital  of  a  great  empire. 

129 


13©  REPUBLICAN    PERIOD:    HISTORICAL 

119.  Campaigns  in  Italy,  Spain,  and  Africa.  Even  if 
Pompey  was  intending  to  make  a  stand  in  Italy  after  the 
precipitate  departure  of  the  senate  from  Rome  in  January, 
49,  as  many  of  his  party  supposed,  the  rapidity  of  Caesar's 
march  southward  and  Caesar's  continued  success  forced 
him  to  change  his  plan  at  once,  and  on  March  17,  scarcely 
more  than  two  months  after  Caesar  entered  Italy,  the 
Pompeian  troops  hastily  embarked  for  Epirus  from  the 
city  of  Brundisium,  to  which  siege  was  already  being  laid. 
Pompey's  departure  from  Italy  was  unfortunate  from  the 
political  point  of  view,  since  it  left  the  recognized  seat  of 
government  and  the  machinery  of  the  state  in  the  hands 
of  his  opponent ;  but  on  military  grounds  it  was  wise, 
for  his  name  was  a  power  in  the  East,  while  Caesar 
was  unknown,  and  the  postponement  of  the  inevitable 
conflict  gave  him  the  time  which  he  needed  to  collect 
and  train  his  newly  recruited  forces  to  meet  the  veteran 
legions  of  his  enemy.  Caesar  felt  himself  unprepared  to 
follow  Pompey  at  once,  and,  after  a  few  weeks'  stay  in 
Italy,  crossed  over  to  Spain,  which  was  held  for  Pompey 
by  his  three  lieutenants,  Petreius,  Afranius,  and  Varro. 
Petreius  and  Afranius  occupied  a  well-chosen  position  at 
Ilerda,  and  their  forces  were  equal  in  number  to  those  of 
Caesar ;  but  by  a  clever  move  on  his  part  they  were  cut 
off  from  their  supplies  and  forced  to  surrender.  Varro's 
submission  soon  followed,  so  that  the  Spanish  campaign 
was  brought  to  an  end  within  a  month  and  a  half  after 
Caesar's  arrival  in  the  peninsula.  The  expedition  which 
his  representative,  C.  Curio,  conducted  into  Africa  at 
the  same  time  did  not  meet  with  a  like  success.  The 
complete  destruction  of  Curio's  two  legions  of  raw  troops 
by  King  Juba,  and  his  subsecjuent  suicide,  offset  in  some 
measure  the  Pompeian  losses  in  Spain. 


THE   PERIOD   OF   TRANSITION  131 

120.  The  Campaign  in  Epirus.  The  breathing  space 
which  Caesar's  camiDaign  gave  him  Pompey  used  to  great 
advantage  in  collecting  troops  and  supplies.  In  the  spring 
of  48  the  army  of  30,000  which  he  had  brought  over  to 
Epirus  had  grown  to  nine  legions,  supported  by  a  large 
body  of  auxiliaries  and  a  strong  fleet.  To  them  Caesar 
could  oppose  the  six  legions  with  which  he  made  a  success- 
ful landing  at  Oricum  in  Epirus  in  November,  49,  and  the 
four  legions  which  M.  Antonius  brought  him  in  April  of  the 
following  year  by  the  way  of  Lissus.  Caesar's  legions  were 
depleted  by  sickness  and  long  campaigns,  however,  so  that, 
although  his  troops  were  more  experienced  than  those  of 
Pompey,  they  were  numerically  far  inferior  to  the  opposing 
force.  Caesar  placed  his  army  between  Dyrrachium  and 
Pompey's  camp,  and  at  once  began  offensive  operations  in 
the  hope  of  shutting  Pompey  in  ;  but  the  Pompeian  forces 
broke  through  his  lines  and  inflicted  upon  him  so  severe 
a  loss  that  later,  when  Caesar  advanced  into  Thessaly, 
Pompey  followed  him  and  was  induced  by  his  over-confi- 
dent advisers  to  risk  a  battle  at  Pharsalus  on  August  9,  48. 
The  battle  resulted  in  a  complete  defeat  for  the  Pompeians, 
and  Pompey  himself,  who  fled  for  safety  to  Egypt,  was  put 
to  death  by  the  orders  of  King  Ptolemy  as  he  was  landing 
at  Pelusium. 

121.  Campaigns  in  Egypt,  Asia  Minor,  and  Africa.  In 
the  autumn  of  48  Caesar  followed  Pompey  to  Egypt, 
but,  on  hearing  of  his  death,  occupied  himself  with  the 
settlement  of  Egyptian  affairs.  Ptolemy  Auletes,  the  late 
sovereign,  had  left  the  kingdom  to  his  two  oldest  children, 
Ptolemy  and  Cleopatra,  but  Cleopatra  had  been  dispossessed 
by  her  brother.  Caesar's  rather  arrogant  attempt  to  enforce 
an  understanding  aroused  the  anger  of  the  Egyptians,  and 
put  him  in  such  a  perilous  position  that  only  the  timely 


132  REPUBLICAN    PERIOD:    HISTORICAL 

arrival  of  reinforcements  under  Mithridates  of  Pergamum 
saved  his  army  from  destruction.  The  settlement  of  politi- 
cal affairs  and  the  charms  of  Cleopatra  held  him  in  Egypt 
until  the  late  spring  of  47,  when  the  defeat  in  Armenia 
Minor  of  his  lieutenant,  Calvinus,  and  the  rapid  develop- 
ment of  the  ambitious  projects  of  Pharnaces,  the  son  of 
Mithridates  Eupator,  made  his  presence  in  the  East  neces- 
sary. Pharnaces  sought  delay,  but  Caesar  forced  an  engage- 
ment at  Zela,  August  2,  and  completely  defeated  him.  The 
disaffection  among  the  troops  in  Italy  who  were  being  levied 
for  a  campaign  in  Africa  led  Caesar  to  return  to  Rome  in 
September.  The  mutinous  soldiers  were  soon  brought 
under  control  by  his  personal  influence,  and  in  December 
he  landed  with  them  near  Hadrumetum,  defeated  the 
Pom])eians  at  Thapsus,  April  6,  46,  and  captured  Utica 
soon  after,  notwithstanding  Cato's  vigorous  efforts  to 
defend  it.  Juba  was  conquered  by  the  old  Catilinarian 
leader,  P.  Sittius ;  his  kingdom  of  Numidia  was  made  a 
Roman  province,  and  the  Pompeian  power  in  Africa  was 
completely  broken. 

122.  Second  Spanish  Campaign.  On  his  return  to  Rome 
in  July  he  found  time  at  last  to  put  the  government  of 
Italy  on  a  more  secure  basis,  and  to  introduce  some  much- 
needed  political  and  economic  reforms.  In  the  three 
years  which  had  elapsed  since  the  battle  of  Ilerda  the 
Pompeian  cause  had  made  great  headway  in  Spain.  Their 
forces  had  lately  been  largely  increased  by  the  arrival 
of  fugitives  from  Africa,  and  Caesar's  representative, 
C.  Trebonius,  was  no  match  for  them.  Caesar's  plans  for 
making  comprehensive  changes  in  the  government  of  Italy 
were,  therefore,  cut  short  by  the  necessity  of  recovering 
the  ground  which  had  been  lost  in  Spain.  He  left  Rome 
in   the    early    part   of    November   for    this    purpose,  and, 


THE    PERIOD    OF   TRANSITION  1 33 

although  he  found  thirteen  Pompeian  legions  opposed  to 
the  eight  legions  which  he  had  brought  with  him,  he  boldly 
attacked  the  enemy  at  Munda,  March  17,  45,  and  inflicted 
a  crushing  defeat  upon  them. 

123.  Caesar's  Assassination.  After  his  return  to  the  city 
Caesar  occupied  himself  partly  with  various  administrative 
reforms,  but  mainly  in  making  preparations  for  a  great 
expedition  against  the  Parthians.  His  plans,  however, 
were  brought  to  a  tragic  end  by  his  assassination  on  the 
Ides  of  March,  44.  The  conspirators  were  actuated  by 
personal  and  by  political  motives.  Many  of  them  were 
jealous  of  Caesar,  or  dissatisfied  with  the  recognition  they 
had  received  from  him.  Many  members  of  the  senate 
(for  about  sixty  senators  took  part  in  the  conspiracy)  were 
aggrieved  at  the  loss  of  power  and  prestige  which  that 
body  had  suffered  at  his  hands.  Their  smouldering  dis- 
content was  kindled  into  flame  by  the  new  powers  and 
honors  conferred  on  Caesar  in  the  early  part  of  44,  and  by 
the  rumors,  which  were  current,  that  he  would  be  made 
king  and  would  transfer  the  seat  of  government  to  Alex- 
andria. That  the  feeling  of  discontent,  out  of  which  the 
conspiracy  sprung,  was  vague,  and  that  the  conspirators 
lacked  a  definite  plan  or  purpose  is  plain  from  the  sub- 
sequent course  of  events. 

124.  Caesar's  Policy.  The  work  which  Caesar  had  set 
himself  to  do  after  the  battle  of  Pharsalus,  and  which  was 
left  unfinished  at  his  death,  was  threefold.  He  wished  to 
suppress  within  the  Roman  territory  all  armed  resistance 
to  a  central  authority,  to  establish  in  Rome  a  permanent 
government  strong  enough  to  carry  out  a  positive  policy  in 
spite  of  all  opposition,  and  finally  to  knit  together  all  parts 
of  the  Roman  Empire.  We  have  already  seen  the  steps 
which  he  took  to  accomplish    the   first-mentioned   object. 


134  REPUBLICAN   PERIOD:    HISTORICAL 

To  cany  out  the  rest  of  his  plan  it  was  essential  that  his 
control  of  all  the  functions  of  government  should  be  undis- 
puted. In  44,  after  Caesar's  death,  the  dictatorship  which 
he  had  held  for  several  years  was  characterized  by  Cicero 
as  one  quae  iam  vim  regiae  potestatis  obsederat,  and  it  is 
highly  probable  that  during  the  last  years  of  his  Hfe  Caesar 
did  take  into  his  hands  all  those  powers  which  in  their 
natural  development  gave  Augustus  and  his  successors  their 
exalted  position.  He  secured  his  supremacy  in  the  state 
partly  by  increasing  his  own  power,  partly  by  diminishing 
the  influence  of  other  factors  in  the  government.  He 
increased  his  own  power  directly  by  securing  for  himself 
important  magistracies,  often  with  special  prerogatives. 
He  accomplished  the  same  object  indirectly  by  controlling 
the  nomination  of  candidates,  by  placing  a  large  number  of 
his  own  supporters  in  the  senate,  and  by  preventing  hostile 
measures  from  being  brought  before  the  popular  assemblies. 
125.  His  Offices  and  Titles.  The  sources  of  our  informa- 
tion are  not  precise  and  detailed  enough  to  enable  us  to 
determine  the  exact  position  which  Caesar  held  in  the 
state.  His  constitutional  power  seems  to  have  depended 
largely,  however,  on  the  fact  that  he  held  the  dictatorship, 
tribunate,  and,  perhaps  alternately,  the  consulship  and  pro- 
consulship.  Shortly  after  his  first  victory  in  Spain  he  was 
nominated  dictator  by  the  praetor,  M.  Lepidus,  under  a 
special  law  authorizing  the  establishment  of  that  magistracy. 
This  position  he  held  for  a  few  days  only,  but  in  the 
autumn  of  48  he  was  again  chosen  to  the  same  office, 
apparently  for  an  undefined  period.  In  46,  after  the 
battle  of  Thapsus,  he  received  the  dictatorship  for  ten 
years,  and  in  44  for  life.  Caesar's  position  as  dictator  was 
])robably  like  that  of  Sulla,  and,  therefore,  differed  in  two 
important  jxirticulars  from  the  traditional  magistracy.     His 


THE    PERIOD   OF   TRANSITION  1 35 

functions  covered  a  wider  field  than  those  of  the  histori- 
cal dictator  did,  and  his  term  of  office  was  much  longer 
(cf.  pp.  183,  218).  In  48  the  tribunician  power  was  given 
to  him  for  life.  From  the  positive  point  of  view  this 
enabled  him  to  interpose  a  veto  and  to  convoke  the 
plebeian  assembly,  and  made  his  person  inviolable.  On 
the  negative  side  he  hoped  that  his  assumption  of  this 
office,  and  the  control  which  he  exercised  over  the  nomi- 
nation of  other  members  of  the  college,  would  protect  him 
against  serious  interference  with  his  plans.  This  hope  was 
not  always  realized.  On  more  than  one  occasion  some 
member  of  the  college  asserted  his  independence,  and 
once  Caesar  was  obliged  to  resort  to  the  theory  of  popular 
sovereignty  which  Tiberius  Gracchus  had  applied  in  the 
case  of  Octavius  (cf.  pp.  95  f.).  The  offending  tribunes  in 
this  case,  C.  Epidius  MaruUus  and  L.  Caesetius  Flavus, 
were  brought  before  the  senate,  and  on  Caesar's  complaint 
were  divested  of  office.  This  drastic  proceeding  probably 
checked  for  the  future  any  hostile  action  on  the  part  of 
members  of  the  college.  Caesar  did  not  use  the  title  of 
tribune,  however,  in  official  documents,  as  his  imperial 
successors  did.  On  several  occasions  he  was  regularly 
elected  to  the  consulship  and  performed  the  duties  of 
that  office,  and  it  is  quite  probable  that  he  was  invested 
with  the  pro-consular  power,  so  that,  when  he  was  not  in 
office  as  consul,  he  acted  pro  cofisule.  This  conclusion  has 
been  drawn,  at  least,  with  great  plausibility,  from  the  fact 
that  on  an  important  document  he  bears  the  titles  dictator 
consul  prove  consule.  The  praefectura  morum,  which  he 
created  and  held  in  46,  was  new  only  in  name.  Its 
functions  were  similar  to  those  of  the  earlier  censorship. 
From  the  battle  of  Munda  up  to  the  close  of  his  life 
honors  were  heaped  on  him  in  profusion.     He  was  given 


136  REPUBLICAN    PERIOD:    HISTORICAL 

the  titles  parais  patriae  and  imperator  for  life.  The  latter 
ordinarily  appears  in  official  documents  immediately  after 
his  cognomen,  and  was  made  an  hereditary  title.  Coins 
bore  his  likeness,  and  the  right  was  i)robably  granted  him 
to  express  his  opinion  first  in  the  senate. 

126.  Changes  in  Magisterial  Functions.  Some  changes 
were  intentionally  made  in  the  functions  of  certain  magis- 
trates, or  were  the  result  of  circumstances.  Attention  has 
already  been  called  to  the  fact  that  Caesar's  dictatorshij) 
was  not  that  of  the  early  republic,  but  was  similar  to 
Sulla's  ;  that  in  44  he  was  chosen  permanently  to  this  office 
and  given  the  tribunician  power  for  life,  whereas  under  the 
old  constitution  the  dictator  and  tribune  had  held  office 
for  six  months  and  a  year  respectively.  Furthermore,  the 
judicial  functions  which  Caesar  exercised  in  criminal  cases, 
like  that  of  Ligarius,  did  not  belong  to  the  republican  dic- 
tatorship. The  magister  cquitwn  and  praefcdus  itrbi  play  a 
more  important  part  from  49  to  44  than  they  do  in  any 
other  period  of  Roman  history,  but  their  significance  comes 
solely  from  the  fact  that  the  dictator  was  frequently  absent 
from  Italy  and  his  ]K)vver  was  exercised  by  these  officials  as 
his  representatives,  in  this  connection  the  law  of  46  may 
be  mentioned,  which  limited  the  term  of  office  for  gov- 
ernors in  praetorian  ]:>rovinces  to  one  year,  in  consular 
provinces  to  two  years.  Caesar's  purpose  in  making  this 
regulation  was  evidently  to  guard  against  a  possible  rival. 

127.  Increase  in  the  Size  of  Magisterial  Colleges.  "J'he 
increase  which  he  made  in  the  size  of  certain  colleges  of 
magistrates  was  justified  by  the  need  of  additional  adminis- 
trative officers.  It  also  gave  Caesar  an  opportunity  to 
reward  some  of  his  political  followers,  and  incidentally 
exalted  his  own  position  by  decreasing  the  importance  of 
the  individual  members  of  the  colleges  affected.     Thus  the 


THE    PERIOD   OF   TRANSITION  1 37 

number  of  praetors  was  first  raised  from  eight  to  ten,  then 
to  fourteen,  and  finally  to  sixteen,  while  the  number  of 
quaestors  was  increased  to  forty.  The  establishment  of  the 
office  of  aedilis  cerialis  with  its  two  incumbents,  and  the 
addition  of  a  member  to  the  college  of  the  ///  viri  capi- 
tales  and  the  ///  viri  monetales  were  probably  dictated  by 
administrative  considerations  only. 

128.  Method  of  choosing  Magistrates  and  Terms  of  Office. 
To  protect  his  interests  at  Rome  during  his  absence  on  the 
projected  Parthian  campaign,  Caesar  secured  the  passage 
of  a  law  which  allowed  him  to  name  all  the  magistrates 
for  43,  as  well  as  the  consuls  and  tribunes  for  42.  This 
measure  would  make  the  magistrates  for  the  immediate 
future  official  representatives  of  the  dictator,  and  would  at 
the  same  time  lessen  the  importance  of  the  popular  elec- 
toral bodies.  In  the  case  of  the  consulship  he  introduced 
an  innovation  of  great  importance.  In  October,  45,  he 
resigned  that  office,  which  he  had  held  without  a  colleague, 
and  had  two  successors  elected  for  the  rest  of  the  year.  In 
taking  this  step  Caesar  was  restoring  the  traditional  con- 
sulship, since  the  constitution  did  not  recognize  a  single 
consul  without  a  colleague.  In  a  way,  however,  he  was 
establishing  a  precedent  for  the  imperial  system  of  consules 
suffecti,  and  six  years  later,  following  this  precedent,  as  it 
were,  the  triumvirs,  when  holding  the  consular  elections  for 
34-1,  had  terms  of  less  than  a  year  indicated  for  the  vari- 
ous candidates  at  the  time  of  the  election,  and  the  Fasti  of 
the  year  33  give  the  names  of  eight  consuls. 

129.  The  Senate  and  People.  The  senate  was  reduced 
in  number  to  such  an  extent  by  the  Civil  war,  that  imme- 
diately after  his  return  to  Rome  in  47  Caesar  made  numer- 
ous additions  to  it,  and  two  years  later  raised  the  number 
of  its  members  to  900.     This  change  robbed  the  nobilitas 


138  REPUBLICAN    PERIOD:    HISTORICAL 

in  large  measure  of  its  prestige  and  made  the  senate  sub- 
servient to  his  wishes.  As  for  the  people,  they  met  as 
before  in  the  comitia,  but  the  selection  of  candidates  for 
office  by  Caesar,  and  the  fact  that  he  alone  was  directly  or 
indirectly  the  author  of  all  bills  laid  before  them,  made  the 
meeting  of  the  comitia  largely  a  matter  of  form.  He  sought 
to  relieve  the  congested  condition  of  Rome,  and  to  prevent 
the  idle  from  flocking  thither,  by  founding  colonies,  and 
by  carefully  regulating  the  list  of  those  who  received  free 
supplies  of  grain.  As  a  result  of  the  census  of  46,  the 
number  of  these  beneficiaries  was  reduced  from  320,000  to 
150,000. 

130.  Italy  and  the  Provinces.  But  the  plans  of  Caesar 
were  not  limited  to  the  city  of  Rome.  They  embraced  all 
Italy  and  the  provinces.  A  year  before  his  death  he  drew 
up  the  lex  lulia  municipalis,  a  charter  for  all  the  Italian 
municipalities,  which  gave  them  their  own  popular  assem- 
blies, senates,  magistrates,  and  courts.  To  many  cities  in 
Sicily  and  Gallia  Narbonensis  Latin  rights  were  given,  and, 
what  was  of  still  more  importance,  provincial  governors 
were  appointed  by  Caesar.  Hitherto  each  one  of  the 
provinces  had  been  practically  a  principality  which  the 
Roman  governor  used  to  fill  his  pocket  or  to  advance  his 
political  fortunes.  The  interests  of  the  provincials  and  of 
the  home  government  were  alike  held  in  light  esteem. 
Under  Caesar's  regime  a  governor  felt  his  subordination 
to  a  central  authority,  and  knew  that  he  was  responsible 
to  a  man  who  regarded  each  i)rovince  as  an  integral  part 
of  the  empire. 

I  131.  Course  of  Events  after  Caesar's  Death.  After 
Caesar's  death  both  his  friends  and  the  conspirators  waited 
in  great  suspense  for  some  move  on  the  part  of  the  oppos- 
ing faction,  as  well  as  for  some  indication  of  the  attitude  of 


THE   PERIOD   OF   TRANSITION  1 39 

the  Roman  populace.  M.  Lepidus,  who  had  been  Caesar's 
viagister  equiticm,  was  the  first  to  adopt  a  positive  course. 
He  moved  his  troops  into  the  city  and  thus  gave  a  tactical 
advantage  to  the  Caesarians.  The  consul  Antony  strength- 
ened their  position  still  further  by  securing  possession  of 
Caesar's  papers  and  of  the  state  treasure  in  the  temple  of 
Ops.  But  both  parties  were  ready  for  the  compromise, 
adopted  by  the  senate  March  17,  which  confirmed  the 
arrangements  of  Caesar,  but  provided  that  no  investigation 
should  be  made  into  the  circumstances  of  his  death.  On 
the  basis  of  this  action  Antony  laid  directly  before  the 
popular  assembly  a  series  of  bills  which  he  found,  or  which 
he  claimed  to  have  found,  among  the  papers  of  Caesar. 
Furthermore,  on  the  pretext  that  his  safety  was  endangered 
by  disturbances  in  the  city,  he  secured  a  bodyguard  of 
several  thousand  men.  A  systematic  effort  was  made  also 
to  win  the  favor  of  the  veterans  living  in  Italy.  The  sup- 
port of  his  colleague,  Dolabella,  was  secured  by  obtaining  for 
him  the  province  of  Syria.  He  had  the  province  of  Mace- 
donia assigned  to  himself  at  first,  with  control  of  the  legions 
which  Caesar  had  collected  for  the  Parthian  war ;  but,  feel- 
ing that  it  would  be  better  for  him  to  be  nearer  Rome,  he 
had  the  popular  assembly  take  Cisalpine  Gaul  from  D. 
Brutus,  to  whom  it  had  been  assigned,  and  give  it  to  him. 
Somewhat  later  the  Macedonian  legions  were  also  placed 
under  his  command. 

132.  Octavius.  The  arrival  in  Italy  of  Octavius,  Caesar's 
grand  nephew,  a  young  man  in  his  nineteenth  year,  whom 
the  dictator  had  adopted  and  made  his  heir,  seemed  likely 
to  give  affairs  an  unexpected  turn.  The  deferential  man- 
ner which  Octavius  assumed  toward  certain  senatorial 
leaders  on  the  one  hand,  and  on  the  other  hand  his  gener- 
ous treatment  of  Caesar's  followers,  and  the  fact  that  he 


I40  REPUBLICAN    PERIOD:    HISTORICAL 

bore  their  great  leader's  name,  won  for  him  at  the  same 
time  the  respectful  consideration  of  senators  and  the  enthu- 
siastic support  of  many  Caesarians.  Antony  appreciated 
how  dangerous  a  rival  he  might  become  and  tried  to  thwart 
his  plans  at  every  point,  but  Caesar's  veterans  forced  a 
reconciliation  between  their  two  leaders. 

133.  The  Liberatores.  Meanwhile  the  liberatores,  as 
Cicero  styled  the  conspirators,  were  without  a  plan  and 
^vithout  leaders.  M.  Brutus  and  Cassius  thought  it  wise  to 
withdraw  from  the  city.  Cicero  despondently  set  out  for 
Greece,  and  the  other  senatorial  leaders  gave  little  effective 
support  to  the  old  regime.  In  September  the  Macedonian 
troops  arrived  in  Italy,  but  Octavius  found  means  to  detach 
so  many  of  them  from  Antony's  service  that  two  months 
later  Antony,  for  fear  of  losing  the  rest,  hastily  set  out  for 
Gallia  Cisalpina  with  his  bodyguard  and  the  three  legions 
which  remained  loyal  to  him. 

134.  The  War  about  Mutina.  W'xih.  the  departure  of 
Antony  from  Rome  the  senate  began  to  assert  itself  once 
more.  Under  the  leadership  of  Cicero,  who  attacked 
Antony  vigorously  in  his  Philippic  orations,  the  senate  was 
induced  to  invest  Octavius  with  the  i7?ipcrium,  and  to  com- 
mission him,  in  cooperation  with  the  consuls  of  43,  to  con- 
duct the  war  against  Antony.  Acting  under  this  authority, 
in  the  early  part  of  43  Octavius  set  out  from  Rome  with 
Hirtius,  one  of  the  consuls,  to  relieve  D.  Brutus,  while  Pansa, 
the  other  consul,  followed  in  March  with  four  legions  of 
recruits.  After  some  preliminary  skirmishing,  in  which 
Antony  gained  the  advantage,  a  decisive  battle  was  fought 
near  Mutina,  April  21,  in  which  his  army  was  completely 
defeated.  But  the  victory  was  dearly  bought.  Hirtius  fell 
on  the  field  of  battle  and  Pansa  was  mortally  wounded, 
dying  two  days  later.     The  command  of  the  forces  acting 


THE    PERIOD    OF   TRANSITION  141 

against  Antony  was  assigned  to  D.  Brutus.  Octavius,  who 
had  good  reason  to  feel  aggrieved  at  this  slight,  withdrew 
from  further  participation  in  the  struggle,  and  marched 
to  Rome  at  the  head  of  eight  legions,  demanding  the  con- 
sulship. There  was  no  means  at  hand  to  withstand  him, 
and  August  19  he  was  elected  consul.  Meanwhile,  in  the 
North  Antony  was  strengthened  by  the  accession  of  Lepi- 
dus,  governor  of  southern  Gaul,  of  Plancus,  who  had  charge 
of  northern  Gaul,  and  of  Pollio,  with  troops  from  Spain. 
D.  Brutus  was  deserted  by  his  troops,  and  while  seeking  to 
escape  was  murdered  at  Aquileia. 

135.  The  Second  Triumvirate.  In  October  Octavius 
went  north,  and  held  a  conference  with  Antony  and  Lepi- 
dus  at  Bononia,  which  resulted  in  the  formation  of  a  com- 
pact for  the  adjustment  of  affairs  in  Italy  and  for  the 
prosecution  of  the  war  in  the  East  against  M.  Brutus  and 
Cassius  ;  and  in  November,  by  a  vote  of  the  tribal  assembly, 
Antony,  Lepidus,  and  Octavius  were  made  ///  viri  rei 
publicae  constituendae  for  a  period  of  five  years.  The  second 
triumvirate  was,  therefore,  distinguished  from  the  first  by 
the  fact  that  it  rested  on  a  legal  basis,  while  the  compact 
which  Caesar,  Pompey,  and  Crassus  had  formed  was  purely 
a  private  arrangement.  The  triumvirs  of  43  adopted  the 
principle  of  coUegiality  on  its  positive  but  not  on  its  neg- 
ative side.  All  three  members  were  at  all  times  vested  with 
the  full  power  of  their  office,  but  the  possibility  of  interpos- 
ing a  veto  was  not  recognized.  In  so  far  as  its  exercise  of 
executive  and  legislative  powers  was  concerned,  the  second 
triumvirate  differs  little  from  Caesar's  dictatorship.  The 
magistracies,  the  senate,  and  popular  assemblies  were  all 
directly  or  indirectly  under  the  control  of  the  new  officials. 
In  Rome  and  Italy  the  triumvirs  were  confronted  with  the 
problem  of  establishing  a  new  re'gime  and  of  maintaining 


142  REPUBLICAN    TERIOD:    HISTORICAL 

order,  of  i)unishing  certain  republican  leaders,  levying 
troops,  and  apportioning  suitable  rewards  to  the  veterans. 
Outside  of  Italy  there  were  still  more  urgent  matters, 
notably  the  task  of  bringing  the  provinces  under  their  con- 
trol and  of  prosecuting  the  war  against  M.  Brutus  and 
Cassius.  Their  return  to  Rome  was  followed  by  a  reign  of 
terror  which  rivaled  that  of  Sulla.  Cicero  was  one  of  the 
early  victims  of  their  fury.  In  reaching  an  agreement  for 
the  government  of  Italy  and  the  provinces  no  immediate 
difficulty  was  experienced.  The  several  provinces  were 
assigned  to  the  individual  members  of  the  triumvirate  and 
their  followers,  while  the  administration  of  affairs  in  Italy 
and  the  war  in  the  East  were  left  to  the  joint  direction  of 
all  three  triumvirs. 

136.  The  Battle  of  Philippi.  The  situation  in  the  East 
called  for  immediate  attention.  In  the  early  part  of  43 
M.  Brutus  entered  Macedonia  and  was  recognized  as  its 
legal  governor  by  his  jDredecessor,  Q.  Hortensius.  Cassius 
also  took  possession  of  his  province,  Syria.  Both  of  them 
succeeded  in  levying  large  bodies  of  troops,  and  C.  Antonius, 
the  brother  of  Marcus,  and  Dolabella,  who  had  come  out 
to  take  possession  of  Macedonia  and  Syria  respectively,  by 
virtue  of  measures  whose  passage  Antony  had  secured,  were 
disastrously  defeated.  The  two  re]iublican  leaders  met  at 
Sardis,  and  with  nineteen  legions  of  foot  soldiers  and  20,000 
horsemen  advanced  to  Philipi)i  in  the  autumn  of  42.  Over 
against  them  lay  the  army  of  the  triumvirs,  of  about  the 
same  size.  Two  battles  followed.  In  the  first  the  forces 
under  Cassius  were  defeated  by  Antony,  and  Cassius  com- 
mitted suicide,  Brutus,  however,  gained  a  victory  over 
the  troops  of  Octavius.  In  the  second  battle,  which  his 
troops  forced  him  to  fight  against  his  judgment,  he  was 
defeated  and  took  his  own  life. 


THE    PERIOD   OF   TRANSITION  143 

137.  The  Movements  of  the  Triumvirs.  Lepidus  was 
suspected  of  being  disloyal  to  his  colleagues,  and,  in  the 
division  of  territory  after  the  battle  of  Philippi,  Spain  and 
Gallia  Narbonensis,  which  had  been  placed  under  his  con- 
trol, were  taken  from  him  ;  but  later,  on  grounds  of  expedi- 
ency, Octavius  thought  it  wise  to  allot  Africa  to  him.  From 
this  time  forth,  however,  Lepidus  played  a  subordinate  part 
in  the  triumvirate.  Antony  remained  in  the  East.  At 
Tarsus  he  met  Cleopatra,  who  came  to  explain  her  con- 
duct during  the  war,  and  accompanied  her  to  Egypt.  To 
Octavius  in  Italy  fell  the  hardest  task. 

138.  The  Perusian  War  and  the  Peace  of  Brundisium. 
Nearly  200,000  veterans  were  demanding  the  land  which 
had  been  promised  to  them.  High  taxes,  the  scarcity  of 
food,  and  the  confiscation  of  land  for  the  soldiers  devel- 
oped a  spirit  of  discontent.  L.  Antonius  the  brother,  and 
Fulvia  the  wife,  of  the  triumvir,  put  themselves  at  the  head 
of  the  disaffected.  All  efforts  at  reconciliation  proved  fruit- 
less, and  civil  war  followed.  L.  Antonius  was  soon  shut  up  in 
Perusia,  however,  and  after  a  long  siege  was  forced  to  yield. 
After  the  surrender  of  Perusia,  Fulvia  hurried  to  her  hus- 
band for  help.  A  number  of  circumstances  induced  Antony 
to  listen  to  her  appeals  and  to  take  an  active  part  in  the 
management  of  Italy.  One  thing  especially  that  influenced 
him  to  adopt  this  course  was  the  fact  that  Octavius  had 
taken  possession  of  Gallia  Narbonensis,  because  of  the  help 
which  its  governor  had  given  L.  Antonius.  This  province 
had  been  allotted  to  Antony,  and  its  acquisition  by  Octavius 
made  the  latter  master  of  the  entire  West.  The  time  for 
action  seemed  a  favorable  one  to  Antony,  since  he  had 
secured  the  support  of  Sextus  Pompeius,  whose  fleet  con- 
trolled the  Mediterranean.  He  appeared  before  Brundisium, 
therefore,   in   the   summer  of   40,  and   civil  war   seemed 


144  REPUBLICAN    PERIOD:    HISTORICAL 

imminent ;  but  the  mediation  of  Octavius's  friends,  Cocceius 
Nerva  and  Maecenas,  and  of  Asinius  Pollio,  who  repre- 
sented Antony,  as  well  as  the  strong  stand  which  the 
legionaries  took  in  favor  of  peace,  brought  about  a  recon- 
ciliation between  the  rivals.  The  need  which  Antony  felt 
of  Italian  reinforcements  for  the  Parthian  war  also  induced 
him  to  listen  to  proposals  of  peace. 

139.  War  with  Sextus  Pompeius  and  the  Retirement  of 
Lepidus.  As  for  Octavius,  the  prospect  of  carr)-ing  on  a 
war  against  the  combined  forces  of  Antony  and  Sextus 
Pompeius  may  well  have  alarmed  him.  In  fact,  Pompeius 
had  made  himself  master  of  the  Mediterranean,  and,  by 
interfering  with  the  transportation  of  grain,  had  Rome  and 
Italy  in  his  power,  in  a  measure.  It  was  this  state  of  things 
which  forced  Octavius  in  39  to  recognize  formally  the 
demands  of  Sextus  Pompeius.  His  claim  to  the  islands  of 
Sicily  and  Sardinia  was  confirmed;  he  received  compen- 
sation for  the  loss  of  his  father's  property,  and  a  consulship 
in  the  future  was  promised  to  him.  But  Octavius  felt  that 
his  own  position  was  a  precarious  one  so  long  as  Sextus 
Pompeius  controlled  the  Mediterranean.  The  treachery 
of  Menodorus,  one  of  the  fleet  commanders  of  Pompeius, 
put  Sardinia  in  his  power.  Thereupon  war  broke  out  at 
once.  A  misunderstanding  with  Antony  seemed  likely  to 
involve  Octavius  in  still  greater  difficulty,  but  fortunately 
a  reconciliation  was  effected  at  Tarentum  in  37  through  the 
mediation  of  Octavia,  the  wife  of  Antony  and  sister  of 
Octavius,  and  Antony  as  well  as  Lepidus  sent  a  fleet  to  help 
Octavius.  Sextus  Pompeius  was  defeated  at  Naulochus  in 
36,  and  fled  to  Asia.  His  forces  surrendered  themselves  to 
Lepidus,  who  thereupon  took  possession  of  Sicily,  and 
showed  signs  of  an  intention  to  regain  his  influence  in 
the    triumvirate.      His    success  was    short-lived,   however. 


THE    PERIOD    OF    TRANSITION  145 

Octavius  won  over  his  troops,  and  Lepidus  was  deprived  of 
his  provinces  and  forced  into  retirement.  The  result  of  this 
war  was  of  immense  importance  to  Octavius.  He  had  rid 
himself  of  a  rival  who  threatened  his  supremacy  in  the 
West;  he  had  removed  the  danger  of  famine  in  Italy  —  a 
most  prolific  cause  of  discontent  in  the  peninsula  —  and 
he  had  made  himself  master  of  the  provinces  and  of  the 
forces  of  Lepidus. 

140.  Estrangement  of  Octavius  and  Antony.  The  en- 
forced retirement  of  Lepidus  from  the  triumvirate  doubtless 
intensified  the  rivalry  between  Octavius  and  Antony,  just 
as  the  death  of  Crassus  had  made  the  conflict  between 
Caesar  and  Pompey  inevitable.  Antony  resented  in  par- 
ticular the  acquisition  by  Octavius  of  Sicily  and  of  the 
provinces  which  had  belonged  to  Lepidus.  On  the  other 
hand,  Antony's  relations  with  Cleopatra  and  his  plans 
in  the  Orient  excited  suspicion  and  hostility  at  Rome. 
Egypt,  Cyrene,  Cyprus,  and  portions  of  Crete  and  Cilicia 
were  placed  under  her  control.  Only  Asia  and  Bithynia 
retained  the  character  of  Roman  provinces.  In  fact,  there 
was  some  reason  for  believing  that  Antony  was  planning 
the  estabUshment  of  a  great  rival  power  in  the  East  with 
Alexandria  for  its  capital.  The  feeling  which  this  suspicion 
excited  was  intensified  when  the  contents  of  Antony's  will 
were  revealed  by  some  of  his  former  friends,  and  it  became 
known  that  the  assignment  of  territory  to  Cleopatra  was 
therein  confirmed.  Antony's  neglect  of  Octavia,  and  the 
fact  that  he  divorced  her  in  32,  played  no  small  part  in 
stirring  the  anger  of  the  people.  The  policy  of  Octavius 
was  as  well  adapted  to  win  the  gratitude  of  the  Italians  as 
that  of  Antony  had  tended  to  estrange  them.  The  sup- 
pression of  the  piratical  enterprises  of  Sextus  Pompeius  in 
the  Mediterranean,  the  lightening  of  the  taxes,  and    the 


146  REPUBLICAN    PERIOD:    HISTORICAL 

restoration  of  order  in  Italy,  largely  through  the  efforts  of 
Maecenas,  and  the  far-reaching  improvements  which  Agrippa 
effected  in  Rome  had  won  for  Octavius  the  sympathy  and 
support  of  all  classes  in   the   peninsula. 

During  the  years  35-3  Octavius  was  engaged  in  a 
campaign  against  the  Illyrians,  who  had  taken  advantage 
of  the  disturbed  condition  of  Italy  to  make  incursions  into 
the  peninsula.  These  peoples,  as  well  as  the  Dalmatians, 
were  conquered,  and  points  of  great  strategical  and  com- 
mercial importance  in  Pannonia  were  occupied.  Antony, 
in  the  meantime,  was  carrying  on  operations  in  Armenia 
and  Media  as  a  sequel  to  the  war  which  he  had  been 
unsuccessfully  waging  against  the  Parthians  ever  since  the 
year  40. 

141.  Outbreak  of  the  War.  At  the  close  of  the  year 
33  both  of  them  were  free  from  other  complications,  and 
the  election  of  two  of  Antony's  supporters  to  the  consul- 
ship for  the  following  year  precipitated  the  conflict.  The 
attacks  which  the  new  consuls  made  on  the  policy  of 
Octavius  in  taking  possession  of  Sicily  and  Africa  were 
without  effect,  and  they  left  the  city  to  go  to  Antony. 
Adopting  the  policy  which  his  great  leader  had  proposed 
in  the  year  50,  Antony  offered  to  give  up  his  exceptional 
powers  if  Octavius  would  adopt  the  same  course ;  but 
Octavius  had  forestalled  his  action  by  deposing  him  from 
his  position  as  triumvir,  and  the  war  which  followed  was  tech- 
nically waged,  not  against  Antony,  but  against  Cleopatra, 

142.  Battle  of  Actium  and  Death  of  Antony.  During 
the  year  32  Antony  and  Cleopatra  collected  a  force  of 
more  than  100,000  men  and  500  ships.  The  fleet  and 
army  of  Octavius  crossed  from  Bnmdisium  in  the  spring 
of  31,  and  the  two  armies  lay  encamped  .near  one  another 
for  several  months.    The  issue  was  decided  by  a  naval  battle 


THE    PERIOD    OF   TRANSITION  1 47 

near  Actiuni,  September  2,  31.  The  fleet  of  Antony  and 
Cleopatra  was  deserted  by  its  leaders  and  forced  to  sur- 
render, and  after  the  battle  the  opposing  army  went  over 
to  Octavius.  Antony  and  Cleopatra  fled  to  Egypt.  Octa- 
vius  followed  them  thither  a  year  later,  and  when  Alexandria 
had  fallen  into  his  hands  and  they  had  learned  that  he 
would  show  them  no  mercy,  they  both  took  their  own 
lives.  Egypt  came  under  the  personal  control  of  Octavius. 
The  latter  returned  to  Italy  in  the  summer  of  29,  after  set- 
tling certain  affairs  in  the  Orient,  and  concluding  a  peace 
with  the  Parthians. 

Selections  from  the  Sources 

Caesar  becomes  master  of  Italy :  Caes.  B.  C.  I.  7-29 ;  Cic.  ad 
Ait.  Bks.  VII-IX;  ad  Fam.  Bks.  XIV,  XVI  (passim);  Plut. 
Caes.  32-5  ;  Pomp.  60-62  ;  Appian,  B.  C.  II.  35-8.  —  First  Spanish 
campaign:  Caes.  B.  C.  I.  37-55,  59-87;  II.  17-21  ;  Cic.  ad  Att. 
X.  12a.  3.  —  Defeat  of  Curio:  Caes.  B.  C.  II.  23-44.  —  Pharsalus  : 
Caes.  B.  C.  III.  84-99  ;  Appian,  B.  C.  II.  75-82  ;  Plut.  Caes.  42-6.— 
Pompey's  death  :  Caes.  B.  C.  III.  96,  102-4  ;  Appian,  B.  C.  II.  81, 
83-6;  Plut.  Pomp.  77-80;  Die,  XLII.  3-5.  —  Events  in  Egypt: 
Caes.  B.  C.  III.  106-112;  Bell.  Alex.  1-33;  Appian,  B.  C.  II. 
89-90;  Plut.  Caes.  48-9;  Die,  XLII.  7-9,  34-44. —  Zela :  Appian, 
B.  C.  II.  91;  Plut.  Caes.  50.  —  African  campaign:  Bell.  Afr. ; 
Appian,  B.  C.  II.  95-100;  Plut.  Caes.  52-4;  Cato,  56-73;  Dio, 
XLIII.  2-13.  —  Second  Spanish  campaign:  Bell.  Hisp. ;  Appian, 
B.  C.  II.  103-5;  P'ut-  Caes.  56;  Dio,  XLIII.  28-40.  —  Caesar's 
death:  Appian,  B.  C.  II.  111-117;  Plut.  Caes.  60-69;  Brut.  14-17; 
Suet.  lul.  80-89;  Veil.  II.  56;  Dio,  XLIV.  9-19.  —  Caesar's  dicta- 
torships: Caes.  B.  C.  II.  21.  5  (cf.  III.  2.  i);  Appian,  B.  C.  II.  48; 
Dio,  XLII.  20;  Plut.  Caes.  51;  Cic.  ad  Fam.  IX.  15.  4-5;  Dio, 
XLIII.  14;  Suet.  lul.  76;  Appian,  B.  C.  II.  106;  Plut.  Caes.  57; 
Dio,  XLIV.  8;  XLVI.  17.  — Caesar's  tribunate:  Dio,  XLII.  20. 
—  Title  of  imperator :  Dio,  XLIII.  44;  Suet.  lul.  76.  —  Praefectus 
morum :  Dio,  XLIV.  5;  Suet.  hil.  76.  —  Praetorian  governors,  i  yr., 
consular   governors,   2  yrs.  :    Cic.  Phil.  I.   19;  V.  7;    VIII.  28. — 


148  REPUBLICAN    PERIOD:    HISTORICAL 

16  praetors,  40  quaestors:  Dio,  XLIII.  47,  49,  51  ;  Suet.  Iiil.  41. — 
Power  to  nominate:  Dio,  XLIII.  47,  51  ;  Cic.  Phil.  II.  80;  Appian, 
B.  C.  II.  12S;  Suet.  Jul.  76.  —  900  senators:  Dio,  XLIII.  47. — 
Bestowal  of  Latin  rights:  Cic.  ad  Ait.  XIV.  12.  i  ;  Tac.  Ann.  XI.  24. 

—  Appointment  of  provincial  governors:  Dio,  XLII.  20.  —  Consules 
suffecti:  Dio,  XLIII.  46.  —  Seizure  of  Caesar's  papers  and  treas- 
ure: Cic.  Phil.  I.  17;  II.  93 ;  Appian,  B.  C.  II.  125. — Meeting  of 
senate,  March  17:  Appian,  B.  C  II.  135-6;  Dio,  XLIV.  22-34; 
Cic.  JViil.  I.  I  f. ;  I.  31  f. ;  Veil.  II.  58.  —  Antony  acquires  Cis- 
alpine Gaul:  Cic.  ad  Alt.  XIV.  14.  4;  Appian,  B.  C.  III.  27-30; 
Veil.  II.  60;  Appian,  B.  C.  III.  55. — Octavius  comes  slowly  to 
Rome:  Cvc.ad Alt.  XIV.  5.  3;  ibid.  10.  3;  XV.  2.  3;  Appian,  B.  C. 
III.  9-23;  Dio,  XLV.  1-4.  —  His  relations  to  Antony:  Appian,  B.  C. 
III.  28-45;  Dio,  XLV.  5-9;  ibid.  11-15;  Suet.  Aug.  10.  —  Antony 
marches  north:  Cic.  Phil.  III.  i  ;  V.  24;  Appian,  B.  C.  III.  46. — 
Battle  near  Mutina :  Appian,^.  C.  III.  66-72;  Dio,  XLVI.  t,-j. — 
Lepidus  joins  Antony :  Cic.  ad  Fa7n.  X.  23.  2  ;  Appian,  B.  C.  III. 
83-4.  —  Pollio  and  Plancus  join  Antony  :  Appian,  B.  C.  III.  97  ;  Dio, 
XLVI.  53;  Veil.  II.  63.  —  Octavius  is  elected  consul:  Liv.  Ep. 
CXIX  ;  Appian,  B.  C.  III.  88-94;  Dio,  XLVL  40-45.  — Death  of 
D.  Brutus:  Appian,  B.  C.  III.  97-8;  Veil.  II.  64.  —  Second  tri- 
umvirate formed:  Liv.  Ep.  CXX;  Appian,  B.  C.  IV.  2  ff.  ;  Dio, 
XLVI.  54-6;  Suet.  ^«^.  27  ;  Plut.  Aitt.  19.  —  Lex  Titia :  Appian, 
B.  C.  IV.  7;  Dio,  XLVII.  2. —  Death  of  Cicero:  Plut.  Cic.  47-8; 
Appian,  B.  C.  IV.  19-20;  Veil.  II.  66.  —  Macedonia,  Illyricum,  and 
Greece  allotted  to  M.  Brutus:  Cic.  Phil.  X.  13-14;  Plut.  Brut.  27; 
Dio,  XLVII.  22.  — Syria  assigned  to  Cassius  :  Cic.  Phil.  XI.  29  ff. ; 
Dio,  XLVII.  28;  Veil.  II.  62.  —  Philippi :  Appian,  B.  C.  IV. 
109-131  ;  Dio,  XLVII.  37-49;  Plut.   Brut.  38-53;  Veil.   II.  70-72. 

—  Division  of  territory:  Appian,  B.  C  V.  3 ;  Dio,  XLVIII.  1-2. — 
Perusian  war:  Appian,  B.  C.  V.  12-49;  Dio,  XLVIII.  4-15  ;  Veil. 
II.  74. — -Treaty  of  Brundisium :  Appian,  B.  C.  V.  64-5;  Dio, 
XLVIII.  28-30;  Veil.  II.  76.  —  Concessions  to  Sex.  Pompeius : 
Appian,  B.  C.  V.  72;  Dio,  XLVIII.  36.  —  War  with  Sex.  Pom- 
peius: Appian,  B.  C.  V.  77-122;  Dio,  XLVIII.  45-XLIX.  10; 
Veil.  II.  79.  —  Treaty  of  Tarentum :  Dio,  XLVIII.  54;  Appian, 
B.  C.  V.  93-5;  Tac.  Ann.  I.  10.  — Retirement  of  Lepidus:  Liv.  Ep. 
CXXIX;  Suet.  Aug.  16;  Appian,  B.  C.  V.  122-6;  Dio,  XLIX. 
11-12.  —  Parthian  campaign  of  Antony:  Dio,  XLVIII.  24-7;  ibid. 
39-41;    XLIX.   19  ff. ;    Plut.   Ant.  37-52  ;•  Veil.   II.  82.  — niyrian 


THE    PERIOD    OF   TRANSITION  I49 

campaign  of  Octavius :  Dio,  XLIX.  34-8;  Appian,  Bell.  III.  16-28; 
Liv.  Epp.  CXXXI-CXXXIL  — Territory  given  to  Cleopatra:  Plut. 
Ant.  54;  Dio,  XLIX.  32,  41  ;  L.  i,  3.  — War  declared  against  Cleo- 
patra: Plut.  Ant.  60;  Dio,  L.  4,  6. — Actium  :  Plut.  A7it.  64-8; 
Dio,  L.  31-5;  Veil.  II.  85.  —  Surrender  of  Antony's  army:  Plut. 
Ant.  68.  —  Death  of  Antony  :  Dio,  LI.  10 ;  Plut.  Ant.  76-7.  — Death 
of  Cleopatra:   Dio,  LI.  11-14;  Plut.  A7tt.  84-6. 

Selected  Bibliography  ^ 

O.  E.  Schmidt,  Der  Briefwechsel  des  M.  Tullius  Cicero.  Leipzig, 
1893. 

Tyrrell  and  Purser,  The  Correspondence  of  M.  Tullius  Cicero,  Vols. 
V  and  VI.     London,  1897-9. 

W.  Drumann,  Geschichte  Roms,  6  vols.     Koenigsberg,  1834-44. 

A.  Stoffel,  Histoird  de  Jules  Cesar  :  Guerre  Civile,  2  vols.  Paris, 
1887. 

A.  V.  Goeler,  Caesars  Gallischer  Krieg.     Tiibingen,  1879. 

W.  Judeich,  Caesar  im  Orient.     Leipzig,  1885. 

O.  E.  Schmidt,  Die  letzten  Kampfe  der  rom.  Republik  (Neue  Jahr. 
f.  Philol.  u.  Paed.  XIII,   Suppl.  pp.  665-722). 

A.  V.  Hagen,  De  hello  Mutinensi  quaestiones  criticae.  Marburg, 
1886. 

V.  Gardthausen,  Augustus  und  seine  Zeit  (1.  i,  2;  II.  i,  2).  Leip- 
zig, 1891-6. 

Th.  Mommsen,  Res  gestae  divi  Augusti,  2d  ed.     Berlin,  1883. 

^  See  also  general  bibliography  on  p.  22. 


SECTION    II  — DESCRIPTIVE 
CHAPTER  VIII 

THE   ATTRIBUTES    OF   MAGISTRACY 

(a)  Magistratus,  Imperium,  Potestas 

143.  Method  of  Treatment.  Our  historical  survey  of 
the  development  of  Roman  political  institutions  has  shown 
that  the  right  of  initiating  action  was  the  peculiar  preroga- 
tive of  the  magistrate,  and  that  in  the  early  period  he  was 
practically  the  supreme  lawgiver  and  judge,  as  well  as  the 
executive.  To  put  it  in  another  way,  the  functions  acquired 
later  by  other  branches  of  the  government  were  in  the  early 
days  exercised  by  the  executive.  We  have  traced  the 
process  of  differentiation.  First  of  all,  the  senate,  which 
was  at  the  beginning  of  the  republic  merely  an  advisory 
body,  found  means  to  enforce  its  claim  to  a  share  in  the  con- 
trol of  the  state.  Later,  the  popular  assemblies  developed, 
and  finally  a  well-organized  judicial  system  was  established. 
A  systematic  examination  of  Roman  political  institutions 
will,  therefore,  follow  the  order  of  historical  development,  in 
taking  up  first  the  magistracies,  then  the  senate,  the  popular 
assemblies,  and  finally  the  courts  of  law.  Our  historical 
investigation  has  suggested  one  other  important  point  in 
the  method  of  treatment.  At  the  beginning  of  the  repub- 
lican period  the  magisterial  power  was  vested  in  a  single 
college  of  magistrates.  The  establishment  of  new  magis- 
tracies, as  time  went  on,  meant  simply  the  assignment  of 

150 


MAGISTRATUS,   IMPERIUM,    POTESTAS         151 

certain  specific  duties  to  the  new  officials.  The  new 
magistracies  had  all  the  general  characteristics  of  the 
original  magistracy  out  of  which  they  sprang.  Therefore, 
before  passing  to  an  examination  of  the  functions  of  the 
individual  magistrates,  it  will  be  natural  and  convenient  to 
consider  the  general  attributes  of  the  Roman  magistracies 
taken  as  a  unit. 

144.  Definition  of  Magistratus.  The  term  magistratus 
was  used  of  the  office  and  of  its  incumbents.  In  the  con- 
crete sense  the  7nagistratus  was  the  authorized  representa- 
tive of  the  people  for  the  conduct  of  public  business  of 
a  secular  character.  His  authorization  came  through  an 
election  by  the  populus.  The  dictator,  interrex,  and  magis- 
ter  equitum,  who  were  appointed  by  a  magistrate,  and  were, 
therefore,  only  indirectly  dependent  on  a  popular  election, 
were  relics  of  the  monarchical  constitution,  and  not  prod- 
ucts of  the  republic  at  all.  The  tribunes  were  chosen  in 
an  assembly  made  up  of  plebeians  only,  so  that  in  the  strict 
sense  of  the  word  they  were  not  magistrates.  Priests  do 
not  fall  in  this  category  because  their  duties  were  of  a 
religious  character. 

145.  Magistratus  Maiores  and  Minores.  According  to 
the  point  of  view  from  which  they  are  considered  the 
magistracies  may  be  classified  as  magistratus  maiores  or 
mi?iores,  patricii  or  plebeii,  curule  or  not  curule,  ordinary 
or  extraordinary,  cum  imperio  or  sifie  itnperio.  The  Romans 
themselves  differed  in  their  classification  of  the  magistra- 
cies as  magistratus  maiores  or  7ni?iores.  Thus  the  augur 
Messala  (Gell.  XIII.  15.  4)  maintained  that  the  interrex, 
consul,  praetor,  dictator,  censor,  niagister  equitum,  and  all 
magistrates  or  pro-magistrates  vested  with  consular  or  prae- 
torian power,  inasmuch  as  they  had  the  right  to  take  the 
aiispicia  maxima,  were  magistratus  maiores.     The  others, 


152  REPUBLICAN    PERIOD:    DESCRIPTIVE 

who  could  take  only  the  auspicia  minora,  were  magistratus 
minores.  On  the  other  hand,  it  seems  better  to  draw  the 
line  of  distinction  between  these  two  classes  of  magistrates 
Will.  I.  225  f.  below  the  quaestorship,  because  the  quaestors  and  aediles 
with  the  higher  magistrates  were  admitted  to  the  senate  in 
the  later  republic  by  virtue  of  having  held  their  respec- 
tive offices,  whereas  magistrates  of  a  lower  rank  were  not 
members  of  that  l)ody. 

146.  Magistratus  Patricii  and  Plebeii.  Up  to  the 
middle  of  the  fourth  century  b.c.  the  terms  magistratus 
patricii  and  plebeii  were  applied  to  the  magistracies  open 
to  patricians  and  plebeians  respectively.  After  plebeians 
had  been  made  eligible  to  all  the  magistracies  the  distinc- 
tion has  no  technical  meaning.  The  tribunes  are  some- 
times styled  magistratus  plebeii,  but  inaccurately,  because, 
as  we  have  seen,  the  tribunes  were  strictly  speaking  not 
magistrates  at  all. 

147.  Curule  and  non-Curule  Magistracies.  The  right  to 
use  the  curule  chair  was  a  privilege  belonging  especially 
to  magistrates  who  had  the  i7nperiufn.  When  the  curule 
aedileship  was  established,  however,  the  sella  curnlis  was 
made  one  of  the  insignia  of  the  office,  although  the  incum- 
bent of  the  office  did  not  have  the  imperium.     The  magis- 

St.  R.  1. 401  f.   trates  (not  including  plebeian  officials)  above  the  quaestor 
were  magistratus  curules. 

148.  Magistratus  Ordinarii  and  Extraordinarii,  Ordi- 
nary magistrates  were  those  who  were  chosen  at  fixed 
intervals,  like  the  consul  or  censor.  Those  who  were 
elected  for  an  exceptional  purpose  were  called  magistratus 
extraordi)iarii.  Some  of  the  magistracies  of  the  latter  class, 
as,  for  instance,  the  dictatorship,  formed  a  regular  part  of  the 
Roman  administrative  system,  while  others,  like  the  decem- 
virate  or  the  consular  tribunate,  were  extra-constitutional. 


MAGISTRATUS,    IMPERIUM,    POTESTAS         1 53 

149.  Magistratus  cum  Imperio  and  sine  Imperio.  The 
consul,  praetor,  dictator,  and  magister  equitum  had  the 
impei'ium.  The  censor,  aedile,  quaestor,  and  of  course 
the  plebeian  officials,  were  sine  imperio.  The  imperiuiti 
represents  the  supreme  authority  of  the  community  in  its 
dealings  with  the  individual.  It  is  not  strictly  opposed  to 
potestas,  which  is  a  generic  term  to  indicate  the  power  Festus,  v. 
\vith  which  a  magistrate  was  vested  for  the  discharge  of  his  p"™  "'d^liS!^ 
duties.     Under  the  republic  the  exercise  of  the  imperium 

within  the  city  was  limited,  especially  by  the  right  of  appeal. 
It  was  still  enjoyed  by  the  magistrate  abroad,  however,  and 
the  term  was  practically  restricted  in  its  application  to  the 
absolute  power  exercised  by  him. 

150.  Maior  Potestas.  The  various  magistrates  exercised 
functions  of  so  different  a  character  that  the  members  of 
the  several  colleges  had  the  right  of  initiative,  and  within 
their  own  sphere  of  duties  were  practically  free  from  out- 
side influence.  However,  to  avoid  the  danger  of  conflict 
and  the  consequent  stoppage  of  the  machinery  of  govern- 
ment, in  matters  like  the  summoning  of  the  senate  or  the 
comitia,  where  the  abstract  right  to  take  the  contemplated 
action  was  vested  in  more  than  one  magistracy,  the  maior 
potestas  of  one  college  over  against  another  was  recognized 
by  the  constitution.     On  this  basis  the  offices  were  arranged 

in  the  order  of  dictator,  consul,  praetor,  aedile,  and  quaestor.   Lex  Sal- 
No  one  of  the  magistrates  mentioned  had  the  maior potes-   chap!^"-'. 
tas  over  the  censor,  but  he  enjoyed  that  right  over  the 
quaestor  and  aedile,  whose  duties  were  in  some  respects  akin 
to  his.     In  the  exercise  of  his  maior  potestas  a.  higher  magis-   Geil.  13. 16.  i; 
trate  could  either  forbid  a  lower  magistrate  to  take  action  in   ^-y  8.  36.  i. 
a  specific  case,  or  suspend  him  from  office  altogether. 

We  have  seen  (p.  25)  that  the  republican  chief-magis- 
trate, when  compared  vidth    his  monarchical  predecessor, 


154  REPUBLICAN    PERIOD:    DESCRIPTIVE 

was  placed  under  two  important  limitations.  He  shared 
his  ofifice  with  a  colleague,  who  had  the  right  to  veto  his 
action,  and  he  held  ofifice  for  a  limited  period.  The  sys- 
tem of  coUegiality  was  one  of  the  most  peculiar  features  of 
the  Roman  constitution.  It  promoted  efficiency,  in  that 
the  functions  of  an  office  could  be  exercised  simultaneously 
by  the  several  members  of  a  college.  This  was  not  the 
real  purpose  of  the  arrangement,  however.  It  was  rather 
devised  to  protect  the  citizen  from  the  arbitrary  action  of 
a  single  magistrate. 

151.  Par  Potestas  and  the  Veto  Power.  Each  member 
of  a  college  was  at  all  times  vested  with  the  full  power  of 
his  magistracy,  and  his  negative  right  to  prevent  the  com- 
pletion of  a  given  undertaking  took  ])recedence  of  his 
colleague's  positive  right  to  take  the  step  in  question. 
The  technical  term  for  this  exercise  of  the  par  potestas, 
which  existed  between  the  members  of  a  college,  was  inter- 
cessio.  The  exercise  of  this  negative  power  was  subject 
to  three  conditions.  The  protest  must  be  made  by  a 
Cell.  13. 12.9;  magistrate  in  person;  it  must  be  made  against  a  magis- 
3.^20!  I.  trate,    and    directed    against    a    matter    already    partially 

advanced  toward  completion.  The  first  limitation  made 
an  oral  exercise  of  the  right  necessary.  The  second 
one  theoretically  exempted  action  taken  by  the  comitia 
from  the  scope  of  the  intenessio.  Even  this  limitation, 
however,  left  it  within  the  power  of  a  magistrate  to  inter- 
fere with  the  action  of  a  colleague  presiding  over  a  popular 
assembly  up  to  the  point  where  the  people  declared  their 
will  with  reference  to  a  proposition. 

The  par  potestas  was,  therefore,  more  restricted  in  its 
application  than  the  maior  potestas,  since  the  latter  allowed 
a  higher  magistrate  not  only  to  exercise  the  right  of 
intercessio,   as  just    indicated,   but   also    to   forbid   a   lower 


MAGISTRATUS,    IMPERIUM,    POTESTAS  I55 

magistrate  to  make  a  proposed  arrangement,  before  any- 
preliminary  steps  looking  to  its  establishment  had  been 
taken,  or  to  declare  invalid  such  an  arrangement  when 
perfected  by  him.  A  member  of  a  magisterial  college, 
however,  in  the  exercise  of  his  par  potestas,  could  inter- 
pose his  veto  only  when  his  colleague  had  made  some 
progress  toward  the  accomplishment  of  his  purpose.  The 
veto  power  was  not  often  used  by  a  magistrate  against  a 
colleague.  It  was  of  little  effect,  because  the  magistrate 
who  disregarded  it  could  not  be  called  to  account  until 
his  term  of  office  had  expired.  The  tribune,  however, 
could  veto  the  action  of  any  regular  magistrate,  and  could 
impose  an  immediate  penalty  for  the  non-observance  of 
the  veto,  and  since,  as  we  have  already  seen  (p.  45),  at 
an  early  period  the  tribune  became  the  recognized  repre- 
sentative of  the  rights  of  the  individual,  as  opposed  to  the 
claims  of  the  community,  his  veto  power  superseded  that 
of  the  magistrate,  and  put  an  effective  limitation  on  the 
magisterial  prerogative.  In  point  of  fact  conflicts  be- 
tween members  of  a  college  were  generally  avoided  by 
taking  joint  action  in  a  specific  case,  by  adopting  the 
principle  of  alternation,  by  assigning  functions  on  the  basis  Cic.  de  Re 
of  seniority  or  by  lot,   or  by  giving  different  provinciae  lIv.  2.^8.^6' 

to  the  several  members  of  a  college.     Thus,  in  the  early   22.27.10; 

°  '  35-  20. 2. 

period,  the  consuls,  although  both  were  in  full  possession 

of  the  consular  power  throughout  the  year,  in  practice  alter- 
nated from  month  to  month  in  the  active  exercise  of  that 
power  within  the  city.  When  they  were  in  joint  command 
of  an  army  in  Italy  they  commonly  alternated  day  by  day.  Liv.  4.  46  5 
The  possession  of  the  fasces  passed  from  one^  to  the  other 
to  indicate  the  change.  In  the  case  of  most  magistracies, 
however,  provinciae,  or  distinct  spheres  of  action,  were 
assigned  to  the  several  members  of  a  college,  so  that  there 


22.41.3. 


156  REPUBLICAN    PERIOD:    DESCRIPTIVE 

was  scarcely  a  possibility  of  conflict.  This  was  true,  for 
instance,  of  the  praetorship  and  the  aedileship.  In  such 
cases  the  system  of  coUegiality  dropped  away  altogether. 

(b)  Term  of  Office 

152.  Limited  Term  of  Office  and  the  Prorogatio  Imperii. 
The  second  limitation  put  on  the  republican  magistracies 
was  of  still  greater  importance  than  the  one  just  discussed, 
and  perhaps  no  political  change  contributed  more  to  the 
downfall  of  the  republic  than  the  failure  to  observe  it.  All 
magistrates  held  office  for  a  fixed  and  brief  period,  and  the 
more  exceptional  the  power  of  an  official  was,  the  briefer 
his  tenn  of  office  was.  Thus  the  consul  and  most  of  the 
regular  magistrates  held  office  for  one  year,  while  the  dic- 

Cic.  de  i.egg.   tator's  term  was  not  to  exceed  six  months.     Two  contin- 

3-  ^>  gencies  might  arise  which  would  lead  to  a  violation  of  this 

practice.  Exceptional  circumstances  might  necessitate  a 
prorogatio  imperii,  or  extension  of  the  term  of  office 
beyond  the  fixed  period,  or  magistracies  might  become 
vacant  before  the  expiration  of  the  legal  term.  The  first 
contingency  arose  now  and  then  in  case  of  an  imi)ortant 
war.     In   326,  at  the  end  of  the  consular  year,  the  con- 

Liv.  8.  23. 12.  sul  Q.  PubUlius  Philo,  who  had  charge  of  the  forces  act- 
ing against  the  Samnites,  was  instructed  to  retain  command 
of  the  army  until  the  war  was  brought  to  an  end  (cf. 
p.  44).  He  was  said  to  act  pro  consu/e,  but  his  power 
was  less  than  that  of  a  consul,  since  it  could  be  exercised 
for  a  specific  purpose  only  and  only  within  a  limited  terri- 
tory. The  jirecedent  which  was  set  in  this  case  was  not 
infrequently  followed  later,  but  the  prorogatio  imperii  was 

Liv.  9. 42, 2.  usually  for  a  year  or  even  for  a  shorter  time.  However, 
when    the    era    of    territorial    aggrandizement    outside    (  f 


POWERS   OF   THE    MAGISTRATE  1 5/ 

Italy  began,  toward  the  close  of  the  third  century  B.C., 
this  occasional  expedient  became  an  integral  part  of  the 
Roman  administrative  system.  Instead  of  directly  choos- 
ing officials  to  act  as  provincial  governors,  these  positions 
were  filled  by  extending  the  term  of  office  of  magistrates 
who  had  served  for  a  year  at  Rome,  and  the  governors  in 
the  various  provinces  acted  pro  conside  or  pro  praetore,  as 
the  case  might  be,  and  in  course  of  time  the  maximum 
limit  of  one  year  set  for  such  an  extension  of  the  term  of 
office  was  no  longer  observed. 

153.  Filling  of  Vacancies.  On  the  other  hand,  a  magis- 
tracy might  become  vacant  before  the  expiration  of  the 
legal  term.  Such  a  contingency  might  arise,  for  instance, 
from  the  death  or  resignation  of  one  consul  or  of  both. 
If  there  was  one  vacancy  in  a  college,  it  was  filled  by  the 
election  of  a  new  member  to  hold  office  for  the  rest  of  the  Herz.  i.  611. 
term.     If  both  places  were  vacant,  two  new  members  were 

chosen  to  hold  office  for  a  full  year  from  the  date  of  their   St.  R.  i. 

inauguration.     Consequently  in  the  early  period  the  official   ^^'' 

year  does  not  begin  at  any  fixed  date  in  the  calendar;  but 

from  217  the  beginning  of  the  official  year  was  fixed  at   Herz.  i.  614, 

March  15.     This  continued  to  be  the  accepted  date  until 

154.     From  that  time  on,  the  consuls  regularly  entered  on 

their  offices  January  i. 

(c)  Constitutional  Powers  of  the  Magistrate 

154.  The  Constitutional  Powers  of  Magistrates.  A  mag- 
istrate having  the  impcrium  represented  the  community  in 
all  its  deaUngs  with  gods  and  men.  The  imperium  included 
the  power  (i)  to  take  the  auspices  and  to  supervise  certain 
other  religious  matters  which  had  a  bearing  on  political 
action,    (2)   to    represent    the    state    in    its   dealings   with 


158  KEI'UHLU'AN    PERIOD:    DESCRIPTIVE 

in(li\iduals  and  with  other  communities,  (3)  to  command 
the  army  and  navy,  (4)  to  punish  those  who  withstood 
constituted  authority,  (5)  to  exercise  civil  and  criminal 
jurisdiction,  (6)  to  issue  proclamations  and  edicts,  (7)  to 
summon  the  senate  and  popular  assemblies  for  deliberation 
and  action  on  affairs  of  state,  (8)  to  supervise  administra- 
tive matters  affecting  the  welfare  of  the  community  or  of 
individual  citizens. 

155.  The  Taking  of  Auspices.  As  we  have  already 
noticed  (p.  26),  after  the  establishment  of  the  consulship, 
the  control  of  strictly  religious  affairs,  whether  of  a  general 
or  a  particular  character,  rested  with  the  priests ;  but 
religious  matters  having  a  political  significance  were  left  to 
the  magistrate,  and  the  priests  participated  in  such  cases 
only  to  the  extent  of  assisting  or  giving  technical  advice. 
The  Romans  believed  that  the  pleasure  of  the  gods  in  a 
particular  case  could  be  learned  by  adopting  the  proper 
means,  and  that  it  was  desirable  to  govern  one's  action  by 
it.  In  particular  it  was  necessary  to  consult  the  gods  by 
taking  auspices  before  the  election  of  a  magistrate,  before 
his  assumption  of  office,  before  a  meeting  of  the  comitia  a« 
a  legislative  body,  and  before  a  magistrate  set  out  on  a 
campaign.  In  the  first  three  cases  the  auspices  must  be 
Cell.  3.  2. 10;  taken  on  the  day  and  on  the  spot  of  the  proposed  action. 
23.4.  '  If  unfavorable  omens  preceded  or  accompanied  the  election 
of  a  magistrate,  or  the  passage  of  a  law,  there  existed  a 
Cic.  ad  Att.  legal  defect  (vitium),  which  in  the  one  case  made  it  incuni- 
Phii.V.  So;  bent  on  the  magistrate  to  lay  down  his  office,  and  in  the 
deLegg.2.31;  Qtj^er  case  necessitated  the  reenactment  of  the  bill  by  the 

de  Div.  2.  42  ;  •' 

in  Vat.  20;       comitia.     In  the  last  century  of  the  republic,  however,  if  a 

8. 15. 6.      '     measure  with  a  technical  defect  of  this  sort  was  taken  up 

later   by   the  senate   and   favorably  acted  on,  it   became 

valid.      In  all    cases  political   action   of  which    the   gods 


POWERS    OF   THE    MAGISTRATE  159 

disapproved  could  be  taken  on  a  subsequent  occasion,  if 
the  auspices  were  favorable.  No  legal  penalty  attached  to 
the  non-observance  of  unfavorable  omens.  Thus  Crassus 
did  not  expose  himself  to  a  penalty  at  the  hands  of  man 
when  he  disregarded  unfavorable  auspices  in  crossing  the 
Euphrates,  but  the  disaster  which  befell  his  Parthian  expe- 
dition vindicated  sufficiently  the  dignity  of  the  gods. 

156.  Auguria  Oblativa  and  Auspicia  Impetrativa.  The 
gods  were  supposed  to  indicate  their  will  through  unsought 
manifestations  {auguria  oblativa  or  dirae),  or  by  means 
oi  auspicia  impetrativa,  i.e.,  in  answer  to  inquiries  properly 
made.  The  first  class  of  warnings  came,  for  instance,  in  the 
form  of  a  flash  of  lightning  before  a  meeting  of  the  comitia, 

or  took  the  shape  of  a  case  of  epilepsy  among  the  voters.  Festus, 

Officiating  magistrates,  or  augurs  commissioned  by  them,  p  ^^°^ \^.%_ 
obtained  auspicia  by  watching   for  signs  {spectio).     They 

were  of  three  classes  :   signa  ex  avibus,  signa  ex  quadru-  Servius  on 

pedibus,  and  signa  caelestia.     Omens  of  the  first  two  sorts  and  5' 197; 

were  to  be  had  by  marking  off  a  square  (templum)  on  the  Festus,  v. 

ground,  or  on  the  sky  by  drawing  imaginary  lines,  and  by  templa  and 

sinistr3,G  3,VGS 

watching  the   progress  across  it   of  four-footed   beasts  or  pp.  157, 339,' 
birds,  as  the  case  might  be.     Signa  caelestia  were  obtained   '^  '     ' 
by  noting  the  direction  of  flashes  of  lightning  through  a  Cic.  de  Div. 
previously  determined  part  of  the  heavens.     In  the  field     '     '^ 
auspicia  pullaria  WQXQ  commonly  taken  from  the  behavior  Liv.  10.40.2f. 
of  chickens  while  eating. 

157.  Regulations  governing  the  Auspices.  The  officiat- 
ing magistrate  could  theoretically  heed  or  disregard  the 
announcement  {obnuntiatid)  of  unfavorable  auspices  by 
another  official.  In  case  conflicting  omens  were  observed 
by  different  magistrates,  the  preference  was  given  to  those 
of  the  magistrate  who  had  the  maior  potestas.  Ultimately, 
however,  the  higher  magistrates  avoided  such  conflicts  by   Gell.  13. 15.  i. 


l60  REPUBLICAN    PERIOD:    DESCIRIPTIVE 

forbidding  the  lower  magistrates  to  take  the  auspices  on  a 
given  day.     The  practice  of  taking  the  auspices  was  a  part 
of  the  old  patrician  re'gime,  so  that  for  several  centuries  the 
tribunes  did  not  exercise  the  right,  and  omens  jilayed  no 
part  in  the  meetings  of  the  plebeian  assembly ;  but  by  the 
lex  Aelia  Fiijla,  of  about   155,  they  were  applied  to  the 
St.  R.  I.  113.    plebeian  assembly,  and  could  be  taken  by  the  tribunes,  and 
were  also   used   by  the   magistrates  against   the   tribunes. 
The  use  of  auspices  afforded  such  a  convenient  means  of 
interfering  with  meetings  of  the  popular  assemblies  that  the 
mere  announcement   of   a  magistrate's  intention   to  take 
them  on  a  certain  day  was  sufficient  to  cause  a  postpone- 
Cic.  pro  Sest.   ment  of  the  coinitia.     Consequently,  by  the  lex  Clodia  of 
^^'  58,  obnuniiaiio  was  forbidden.     Besides  the  taking  of  the 

auspices,  other  religious  matters,  which  rested  with  the  mag- 
istrate, sometimes  with  the  cooperation  of  the  senate  or  the 
comitia,  were  the  reception  of  new  forms  of  worship,  the 
establishment  of  new  priesthoods,  the  building  of  temples, 
and  the  authorization  of  holy  days. 

158.  Power  to  represent  the  State.  As  the  authorized 
representative  of  the  state,  the  magistrate  in  time  of  war 
could  declare  a  truce  with  the  enemy,  and  he  could  con- 
clude peace  with  a  hostile  state,  subject  to  the  approval  of  the 

Liv.  9. 5.  I ;  people.  Disposal  of  the  spoils  of  war  and  control  of  the  state 
land  had  been  part  of  the  royal  prerogative,  but  under  the 
republic  the  senate  and  the  people  took  these  matters  into 
their  own  hands.  However,  all  current  business  connected 
with  conquered  territory  and  the  ager  puhitcus,  such  as  the 
rental  of  state  lands,  was  in  the  hands  of  the  magistrates. 

159.  Rights  as  Commander-in-Chief.  The  centuriate 
comitia  alone  had  the  right  to  declare  war,  but  the  prose- 
cution of  it  was  left  to  the  chief-magistrate.  As  commander- 
in-chief  of  the  forces  of  the  state  he  was  empowered  to 


19- 3- 


POWERS   OF   THE   MAGISTRATE  l6l 

levy  and  organize  troops,  to  conduct  a  campaign,  and  to   Liv.  22.  38. 
conclude  a  provisional  treaty  of  peace  with  the  enemy.     A   ^  ■"  -'9- 
strict  line  of  distinction  was  drawn  between  the  powers  of 
a  magistrate  at  home  {domi)  and  abroad  {inilitiae).     Up 
to  the  first  milestone  outside  the  city  the  magisterial  power   Herz.  I. 
was  limited  by  the  right  of  appeal  and  by  the  tribunician     '*^' "'  ^' 
veto.     Beyond  that  point  the  magistrate,  in  whose  favor 
the  lex  ciiriata  de  impcrio  had  been  passed,  acquired  the 
unlimited  power  of  the  imperiu7?i.     The  civil  magistrate,  as 
well  as  the  general  in  time  of  war,  therefore,  had  the  power 
beyond  the  limit  mentioned  of  inflicting  the  death  sentence  ; 
but,  sometime  between  the  second  Punic  war  and  the  period 
of  the  Gracchi,  the  leges  Porciae  gave  citizens,  wherever  they   Cic.  de  Re 
might  be,  the  right  of  appeal  in  a  question  of  life  or  death,   p^^  Rab.^'^' 
A  Roman  general,  however,  retained  the   right   to  inflict   P'^'l'^-  '^' 
death  as  a  military  penalty,  although  in  such  a  case  a  man   ii.  5-  163 ; 
could  not  be  flogged  to  death.     The  possession  of  the  full 
power  of  the  imperiiwi  was  indicated  to  the  eye  by  the  fact 
that  beyond  the  first  milestone  the  bundle  oi  fasces  borne   St.  R.  i. 
by  the   lictors  included   the  ax   (securis) .     On  the  other     '^'  ^''^ 
hand,  the  magistrate   lost  the   imperiimi  and   the  insignia 
indicating  it,  except  in  case  of  a  triumph,  when  he  entered 
the  city.     The  right  to  a  triumph  was  implied  in  the  pos- 
session of  the  mihtary  authority  which  the  imperiian  con- 
ferred, but  was  conditional  on  winning  a  decisive  battle   Liv.  10. 37. 8; 
in  which  the  enemy  lost  5000  men.     The  war  must  also   28  ?8.''4'' 
have  been  carried  on  against  a  foreign  foe,  and  must  have   ^i-  20.  3; 

'^  '^  Val.  Max.  2. 

led  to  an  extension  of  the  hmits  of  Roman  authority.  8.  i. 
The  honor  could  be  claimed  only  by  dictators,  consuls,  or 
praetors,  or  by  pro-magistrates  acting  with  the  authority  of 
the  two  last-mentioned  officials.  In-  the  last  years  of  the 
republic  the  senate  used  its  power  of  granting  or  refusing 
a  triumph  to  express  its  approval  or  disapproval  of  the 


l62  REPUBLICAN    PERIOD:    DESCRIPTIVE 

conduct  of  a  campaign,  without  strictly  obsening  the  legal 
Cic.  Phil.  requirements  in  the  case.  A  stipplicatio  was  also  sometimes 
'•*■  ^'''  granted  by   the    senate,  and    a   successful    general    might 

Liv.  2;.  19.4;   receive  the  title  of  imperator  from  the  senate,  or  on  the 
S-Tac.Ant.   field  of  battle  by  acclamation. 

3-  74-  160.   Disciplinary  Power  of  the  Magistrate.    The  Roman 

magistrate  had  the  power  to  punish  the  disobedient  or 
those  who  interfered  with  him  in  the  discharge  of  his  duty. 
His  exercise  of  this  disciplinary  power  is  to  be  distinguished 
from  his  judicial  functions.  In  the  latter  case  offenses  were 
carefully  defined  and  classified  by  law;  the  facts  were 
elicited  in  accordance  with  a  prescribed  method  of  pro- 
cedure, and  the  penalty  was  also  prescribed.  In  discipli- 
nary actions  conducted  by  an  executive  officer  the  nature 
of  the  offense  and  of  the  penalty  were  determined  by  the 
magistrate,  largely  in  accordance  with  his  own  discretion. 
This  disciplinary  power  belonged  originally  only  to  the 
magistratiis  cum  imperio,  but  was  subsequently  conferred 
upon  the  censors,  aediles,  and  even  the  tribunes.  The 
Cic.  de  Legg.  common  penalties  inflicted  were  fines,  corporal  punishment, 
3-  ^-  imprisonment,  and  death.     Within  the  city  in  the  course-  of 

time  magistrates  were  forbidden  to  inflict  corporal  punish- 
ment on  citizens,  and  cases  involving  the  death  sentence 
were  tried  before  the  centuriate  comitia.     After  the  passage 
Cic.de  Re       of  the  kx  Akrnia  Tarpcia  (cf.  i).  76)  all  cases  in  which 
Stus^'^'      the   fine   exceeded   3020   asses  could  be  appealed  to  the 
p.237,ed.M.;   tribal  assembly. 

161.  Civil  Jurisdiction  of  the  Magistrate.  The  civil 
jurisdiction  of  the  magistrate  might  be  inter  prh'atos  or 
inter  pop  uhim  d  privates.  In  the  early  rei)ublican  period 
cases  of  both  kinds  were  heard  by  the  consul.  In  course 
of  time,  however,  the  exercise  of  judicial  functions  became 
the    exclusive    prerogative    of   certain    magistrates  chosen 


POWERS   OF   THE    MAGISTRATE  163 

solely  or  partly  for  that  purpose.  Thus,  in  the  year  366, 
praetors  were  elected  for  the  first  time  to  relieve  the  con- 
sul of  his  judicial  duties  (p.  37)  in  civil  suits  in  which  both 
parties  were  private  individuals.  In  Italy,  outside  of  Rome, 
similar  functions  were  performed  by  circuit  judges,  known 
^s, praefecti  iuri  diaindo  (cf.  p.  74).  In  the  provinces  the 
governor  administered  justice.  The  collection  of  the  taxes 
and  of  rental  from  the  state  land  gave  rise  to  many  civil 
suits  to  which  the  state  was  a  party.  Such  cases  were 
heard  by  censors,  quaestors,  and  aediles,  within  whose 
province  the  management  of  public  finances  fell.  This 
method  of  procedure  was  manifestly  unfair  to  the  indi- 
vidual. Under  it  the  magistrate  who  brought  or  defended 
the  suit  in  the  name  of  the  state  also  acted  as  the  judge, 
from  whose  decision  no  appeal  could  be  taken. 

162.  Criminal  Jurisdiction  of  the  Magistrate.  The  exer- 
cise of  the  magistrate's  judicial  functions,  as  well  as  his 
disciplinary  power,  was  limited  by  the  right  which  citizens 
had  of  appealing  to  the  popular  assembly  when  a  magistrate 
imposed  the  death  sentence  or  a  fine  of  more  than  3020 
asses.  The  establishment  of  quaestiones  pcrpetuae,  or  stand- 
ing courts,  in  the  second  century  (cf.  p.  74),  and  the 
development  which  the  system  underwent  during  Sulla's 
dictatorship  (cf.  p.  106),  led  to  very  important  changes  in 
the  criminal  jurisdiction  of  the  magistrate.  Most  of  the 
newly  established  courts  were  under  the  presidency  of  the 
praetor,  whose  duty  it  was  to  conduct  the  preliminaries  to 
the  trial,  to  preside  during  the  trial  proper,  and  to  announce 
the  innocence  of  the  accused  person,  or  fix  the  penalty,  in 
accordance  with  the  decision  of  the  jury. 

163.  The  Right  to  issue  Proclamations.  The  right  to 
enforce  obedience  carries  with  it  the  right  to  announce  pub- 
licly regulations  which  shall  be  binding  on  the  community. 


164  REPUBLICAN    PERIOD:    UESCRIPTIVE 

In  Rome  proclamations  took  the  form  of  edict  a,  or  magis- 
terial announcements  affecting  the  entire  community  or 
whole  classes  of  citizens,  or  of  decreta  concerning  indi- 
viduals. The  proclamation  of  a  magistrate  naturally  dealt 
with  matters  over  which  he  had  special  jurisdiction.  It 
was  valid  only  during  the  term  of  office  of  the  magistrate 
who  issued  it.  In  this  respect  it  differed  from  a  law.  It 
acquired  the  practical  force  of  a  law,  however,  in  the  case 
of  the  edict  urn  tralaticium,  i.e.,  when  successive  magistrates 
adopted  and  announced  the  same  body  of  regulations  which 
their  predecessors  had  issued. 

164,  The  Right  to  preside  over  Legislative  and  Electoral 
Bodies.  Public  meetings  for  the  discussion  of  political 
questions  had  an  official  character,  since  they  could  be  called 
by  officials  only.  Such  gatherings,  called  contiones,  were 
under  the  presidency  of  an  official,  and  no  one  could 
address  them  without  his  consent.  They  usually  preceded 
the  cotnitia,  or  assemblies  held  for  electoral  or  legislative 
purposes.  The  higher  magistrates  had  the  ius  agendi  cum 
populo,  or  the  right  to  summon  the  comitia  and  preside  over 
them.  Limitations  put  on  certain  magistrates  in  specific 
cases  will  be  noted  later.  The  plebeian  officials  had  only 
the  ins  agendi  cian  plebe.  The  tribune,  as  well  as  the 
higher  magistrates,  had  the  right  to  call  the  senate  together 
{ins  agendi  cum  patribus^ ,  lay  matters  before  it,  and  ask  for 
a  vote  upon  such  motions  as  might  be  made. 

165.  General  Powers  as  an  Executive.  It  may  go  with- 
out saying  that  to  the  magistrate,  who  represented  the 
legislative  branch  of  the  government,  fell  the  superin- 
tendence of  administrative  business  and  the  execution  of 
judicial  decisions.  He  had  charge  of  such  matters,  there- 
fore, as  the  erection  of  piil)lic  buildings,  the  receipt  and 
payment  of  public  moneys,  and  the  maintenance  of  order. 


EMOLUMENTS,    INSIGNIA,    ATTENDANTS       165 

166.  The  Consilium.      In  the  performance  of  important 
duties  he  was  assisted  by  a  cojisilium,  or  board  of  technical 
advisers.     Such  a  board  assisted  the  censor,  for  instance,   St.  R.  11.465 
and  the  praetor  in  rendering  their  decisions  in  certain  judi- 
cial matters.     The  theoretical  relation  also  which  the  senate 

bore  to  the  consul  was  that  of  a  consilium. 

(d)  Etnoluments,  Insignia,  Attendants 

167.  Emoluments  of  Office.  A  Roman  magistracy  under 
the  republic  was  regarded  as  an  honos  pure  and  simple,  so 
that  no  salary  was  paid  to  any  official.  For  this  reason 
only  the  well-to-do  could  hold  office,  and,  during  the  last 
century  of  the  republic,  when  success  in  the  elections 
depended  on  extravagance  shown  in  the  games,  candidacy 
must  have  been  confined  to  the  rich  —  or  at  least  to  those 
whose  credit  was  good.  The  magistrate  received  compen- 
sation out  of  the  state  treasury,  however,  for  any  money 
which  he  might  be  required  to  pay  out  in  the  perform- 
ance of  his  duty.  In  some  cases  the  compensation  fell 
far  short  of  the  sum  which  he  was  required  by  necessity 
or  tradition  to  spend.  This  was  true,  for  instance,  of  the 
outlay  which  the  aedile  made  for  the  public  games.     On  the 

other  hand,  the  requisitions  which  commissioners  and  pro-  Liv.  29. 11.4 
vincial  governors  could  make  for  the  suitable  maintenance  clc.^de  Leg. 
of  themselves  and  their  retinues  became  a  source  of  great   As/;  ^-  3^ ; 

°  in  V  err. 

profit.  (passim). 

168.  Insignia  of  Office.  The  magisterial  dignity  was 
indicated  to  the  eye  by  insignia  and  by  attendants.     The 

most  characteristic  mark  of  office  was  the  toga  praetexta,    Plut.Q.R.Si 

which  all  magistrates  from  the  consul  to  the  aedile  wore 

within  the  city.    When  abroad,  the  consul  put  on  \hepaiuda-   Festus,  v.  pa 

•  ludati,  p.  2  5 J; 

mentum,  a  short  red  cloak.     On  occasion  of  a  triumph  a  ed.  M. 


l66  UKI'UBLICAN    PERIOD :    DESCRIPTIVE 

successful  general  wore    the    toga  purpurea.     On    formal 

occasions,  as  when  administering  justice,  dictators,  consuls, 

Liv.40. 45. 8;   censors,  praetors,  and  cunile  aediles  sat  on  a  sel/a  curulis, 

-  ^g  6^  '  ^'   pl'i^-cd  on  a  tribunal.     In  early  times  the  magistrate  also  had 

the  right  to  ride  in  a  vehicle  within  the  city  limits.     Perhaps 

no  external  mark  of  office  was  more  highly  prized  and  of 

more  practical  imj)ortance  than  the  ius  ii?iaginum.     Every 

family  whi(  h  included  a  curule  magistrate  in  its  number  had 

Cic.  ad  Fam.     the  right  after  his  death  to  keep  in  the  atrium  a  painted 

ni  Verr.'  waxen  mask  in  his  likeness  with  an  inscription   {libellus) 

»'•.  5-36;  beneath    it    setting   forth    his    offices    and    achievements. 

Liv.  10.  7.  II ;  " 

Plin.  N.  H.      These  imagines  constituted  the  patent  of  nobility  for  that 
■^^'   '  patricio-plebeian  aristocracy  which  ruled  the  state  for  three 

centuries. 

169.  Lictors.  The  higher  magistrates  were  attended  in 
public  by  lictors,  who  protected  them  and  cleared  a  way 
for  their  passage.  The  lictors  bore  over  their  left  shoulder  a 
bundle  of  rods,  called  \.\\q  fasces,  which  symbolized  the  magis- 
trate's right  to  enforce  obedience.  The  ax  (seeuris),  placed 
within  the  bundle  and  carried  outside  the  city,  indicated 
his  power  of  life  and  death.  The  number  of  lictors  in 
attendance  varied  according  to  the  rank  of  the  magistrate. 

Poiyb.  3.  87.    Twenty-four  attended  a  dictator,  and  twelve  a  consul.    The 

7  ;  Censo- 

rinus,  24. 3;  practor  m-banus  had  two,  while  the  praetor  or  propraetor 
ii.'VMz.'^"  in  a  province  was  accompanied  by  six.  Censors,  and 
magistrates  from  the  aedile  downwards,  had  no  lictors.  In 
the  provinces  the  lictors  inflicted  corporal  ])unishment  and 
the  punishment  of  death,  when  ordered  to  do  so  by  the 
magistrate. 

170.  Scribae,  etc.  The  scrihae  held  the  most  important 
position  among  the  subordinates  of  the  several  magistrates. 
'J'hey  were  assigned  to  magistrates  by  lot,  and  from  them 

Wilm.  Ex.  .  .  ■' 

inscr.  1302.      recei\ed  the  titles  of  scribae  (/uacstorii,  aedilicii,  etc.,  as  the 


CONDITIONS    OF   ELIGIBILITY  I67 

case  might  be.     Viatores  acted  as  messengers,  zxiA  praecones   Festus,p.37i, 
announced  a  meeting  of  the   senate   or    the  people,  and   varro  L.  L. 
summoned    individuals    to    court.     Accensi  were    personal   ^-  8(>-9i- 
attendants  of  a  magistrate,  who  were  usually  chosen  from 
his  own  household,  and  had,  therefore,  only  a  quasi-official 
status.     Most   of  these  positions  were   held  by  freedmen 
or  the  sons  of  freedmen,  and  the  principles  of  civil  service   Cic.  ad  Q. 
reform  were  observed  to  such  an  extent  that  an  apparitor    '^'  ''  ''  '■'' 
was  not  only  reasonably  sure  of  retaining  his  office  during 
good  behavior,  but  could  usually  transmit  it  to  his  son,  or 
sell  it,  provided,  of  course,  that  the  new  incumbent  was 
regarded  as  a  suitable  person  for  the  position. 


(c)  Conditions  of  Eligibility 

171.     General  and  Special  Conditions  of  Eligibility.    In 

early  times,  of  course  patricians  only  were  eligible  to  the 
magistracies,  but  after  the  middle  of  the  fourth  century 
class  distinctions  counted  for  nothing,  in  so  far  as  eligi- 
bility to  political  office  was  concerned,  except  that  patricians 
could  not  be  elected  to  plebeian  offices,  nor  to  certain 
places  in  the  magisterial  colleges  reserved  for  plebeians. 
In  Cicero's  time  it  was  required  of  all  candidates  for  office 
that  they  should  be  citizens,  and  that  they  should  have  a 
respectable  standing  in  the  community.  Furthermore,  they 
were  not  eligible  to  reelection  until  an  interval  of  ten  years 
had  elapsed  (p.  70),  nor  could  a  person  hold  two  offices 
at  the  same  time.  Freedmen  and  their  sons  were  in  gen-  St.  R.  i.  488. 
eral  not  eligible.  Some  of  these  points  were  not  strictly 
observed  during  periods  of  political  disturbance.  The 
magistrates  who  conducted  the  election  passed  on  the 
eligibility  of  all  candidates.  Special  conditions  of  candi- 
dacy were  fixed  for  particular  offices,  notably  the  higher 


l68  REPUBLICAN    PERIOD:    DESCRIPTIVE 

ones.  The  most  important  of  these  were  the  attainment 
of  a  certain  age  and  the  observance  of  the  cert  us  onio 
magisiratiium. 

172.  The  Certus  Ordo.  From  a  comparatively  early 
period  the  tradition  had  grown  up  that  certain  offices  must 
be  held  before  one  could  be  elected  to  certain  other 
offices.  This  condition  was  given  a  legal  form  by  the 
lex  Villia  of  180  (cf.  p.  70),  and  by  one  of  the  leges 
Corneliae  of  81  (cf.  p.  105).  These  laws  required  one  to 
St.  R.  I.  hold  the  quaestorship  before  assuming  the  praetorship,  and 

^■^'    ■  the  praetorship  before  the  consulship.      Further  than  this 

repubHcan  legislation  does  not  seem  to  have  gone,  but 
custom  had  set  the  quaestorship  before  the  curule  aedilc 
ship,  and  the  duties  of  the  curule  and  plebeian  aediles 
were  so  similar  that  they  both  fell  into  the  same  place 
in  the  series.  The  tribunate  was  so  closely  connected  with 
the  plebeian  aedileship  that  it  was  placed  next  in  order 
below  it.  However,  since  plebeian  offices  could  not  be 
held  by  patricians,  it  was  not  necessary  that  a  candidate 
for  a  higher  magistracy  should  hold  them.  Membershij) 
in  one  of  the  colleges  making  up  the  XXVI  viri,  and 
the  office  of  tribiinus  milituin,  i)receded  the  quaestorshii). 
St.  R.  1. 548.  Finally  it  was  customary  to  choose  ex-consuls  only  to  the 
dictatorship  and  censorship,  so  that  the  certus  ordo,  estab- 
lished partly  by  law  and  partly  by  custom,  in  the  way 
St.  R.  I.  indicated   above,   was  :    dictator,   consul,   interrcx,  praetor, 

^^*'  ■  magister  cquitum,  censor,  aedilc,  tribunus  plcbis,  quaestor, 

one  of  the  viginti  sex  viri,  tribunus  jnilitum.  Perhai^s  the 
censorship  was  assigned  in  this  official  gradus  honorum  to 
the  position  which  it  holds,  below  the  consulshij)  and  prae- 
torship, because  the  censor  was  not  attended  l)y  lictors. 

173'    -A^g^    Requirement.       In    the    early  period   of  the 
republic  there  was  nt)  niininuuu    age  requirement  fixed  for 


CANDIDACY,   ELECTION,    RESPONSIBILITY      169 

candidates  for  the  various  offices.  The  matter  was  left 
wholly  to  the  discretion  of  the  magistrate  who  conducted 
the  election.  It  was,  however,  covered  in  part  by  the 
lex  Villia  and  by  legislation  of  81,  but  the  provisions  of 
these    two    laws    are    not    known    wth    certainty.      It   is   ^^'J"-  Dr.  242, 

n.  2  ;  Herz.  I. 

probable,  however,  that  after  the  time  of  Sulla  thirty-one   668,  n.  i ; 

St    R    T 

years  was  the  minimum  age  for  the  quaestorship,  and  forty  j(,8  ff' 
years  for  the  praetorship,  and  that  an  interval  of  at  least  two 
years  was  required  between  the  end  of  a  term  of  office  and 
the  assumption  of  the  magistracy  next  above  it.  Indirectly 
these  two  provisions  also  made  forty-three  the  minimum 
age  for  the  consulship. 

(/)  Candidacy,  Election,  Resigttation,  Responsibility 

174.  Professio.  Candidates  were  not  fomially  nomi- 
nated for  office  by  their  supporters,  as  is  the  case  in  this 
country,  but  they  announced  their  own  candidacy,  as  in 
England  those  who  wish  to  be  elected  to  membership  in 
the  House  of  Commons  usually  do ;  although,  if  we  may 
make  an  inference  from  the  political  posters  found  in 
Pompeii,  this  personal  announcement  was  often  prompted 
by  the  privately  or  publicly  expressed  desire  of  personal 
friends  or  political  supporters.  Since  the  official  who  pre- 
sided at  an  election  exercised  his  discretion  in  passing  on 
the  eligibility  of  a  candidate,  it  was  desirable  to  get  his 
opinion  on  that  point  before  the  election  took  place.  For 
this  reason  candidates  came  to  adopt  the  practice  of 
formally  notifying  the  prospective  chairman  of  their  inten-  Liv.  7.  22.  8; 
tion  to  stand  for  a  certain  office.  Thereupon  the  official  yell.  2.^92. 
formally  announced  his  acceptance  or  rejection  of  their  3-4- 
candidacy,  although  this  did  not  prevent  him  from  recon- 
sidering his  decision  at  the  time  of  the  election.     This 


170  REPUBLICAN    PERIOD:    DESCRIPTIVE 

practice  of  making  a  pro/ess io,  or  preliminary  announce- 
ment of  one's  candidacy,  was  crystallized,  probably  in  98, 
into  a  law,  which  provided  that  the  profcssio  should  be 
made  seventeen  days  before  the  election  took  place.  This 
law,  as  we  have  already  noticed  (p.  114),  played  an 
important  part  in  the  quarrel  between  Caesar  and  the 
senate. 

175.    Petitio.      In  the  interval  between  \\\e profcssio  and 
the  election  came  the  petitio,  although  in  point  of  fact  in 
the  last  years  of  the  republic  the  political  canvass  began  at 
least  a   year  before   the    election.     Candidates  for  office 
appeared   in   the   forum   clad  in  a  newly   whitened   toga. 
Cic.  adAtt.     They  shook  hands  with  voters,  and  took  care  to  have  a 
Livil'as.  13;  well-attended  salutatio,  and  to  be  accompanied  by  large 
7.  15. 12-13.     escorts  in  going  to  and  fro.     They  sometimes   gave    lar- 
gesses, contributed  money  out  of  their  own  pockets  for  the 
public  games,  and  aimed  at  securing  the  support  of  guilds 
and  political   clubs.     Of  course  success  in  a  foreign  war 
gave  a  candidate  prestige,  and  full  use  was  made  of  this 
fact.     As  the  right  of  citizenship  was  extended  beyond 
Cic.  ad  Att.      the  limits  of  Rome,  electioneering  tours  were  undertaken 
^"  '■  ^'  throughout  Italy.     General  public  meetings  to  promote  the 

interests  of  a  particular  person  do  not  seem  to  have  been 
held,  but  candidates  probably  had  an  opportunity  to  set 
forth  their  political  "  platforms,"  and  to  criticise  their 
opponents  at  contiones  called  by  friendly  magistrates  to 
discuss  public  measures,  and  doubtless  certain  clubs  and 
guilds  held  meetings  of  a  political  character.  That  candi- 
dates for  office  were  not  contented  with  the  use  of  legiti- 
mate political  methods  is  shown  by  the  passage  of  numerous 
bribery  laws  from  the  early  part  of  the  second  century 
onwards  (cf.  p.  71),  and  by  legislation  against  the  sodalicia, 
or  political  clubs. 


CANDIDACY,    ELECTION,    RESPONSIBILITY      I/I 

176.  Elections.     All    elective    magistrates  were  chosen 
by  Xht  populus,  i.e.,  in  the  comitia  centuriata  or  the  patricio- 
plebeian  comitia  tributa.    In  the  former  the  consuls,  praetors,   Gell.  13. 15. 4. 
and    censors  were  elected.     Curule  aediles  and  quaestors 

were  chosen  in  the  comitia  tributa.     Tribunes  and  plebeian  Tac.  Ann. 

aediles  were  elected  in  the  conciliiwi  plebis.     For  the  cen-  Liv%.'  46.  i  f. 
turiate  cof)iitia,  meeting  as  an  electoral  body,  the  presiding 

officer  was  the  dictator,  consul,  or  interrex ;  for  the  tribal  cic  ad  Att. 

comitia,  the  dictator,  consul,  or  praetor ;   for  the  coficilium  ^'  ^'  ^' 
plebis,  the  tribune.     After  Sulla's  time  elections  took  place 

usually  in   the  latter  part  of  July.     The    exact   date   was  st.  R.  i. 

fixed  by  the  magistrate.     A  postponement  was  not  uncom-  5^'*'  "'  5- 

mon  in  the  later  years  of  the  republic.     Thus,  in  59,  the  cic.  ad  Att. 

elections  were  not  held  until  October,  while  bribery  and  ^'  ^°'  ^' 

violence   prevented    them   from   being  held   at  all  in   54.  ck.  adQ. 

Even  after  a  majority  of  the  votes  had   been  cast  for  a  ^^■^^'  ^^'  ^ ' 
candidate  his  election  did  not  become  valid  until  a  formal 

announcement  {renuntiatio)  of  the  result  had  been  made  Veil.  2.  92. 

by  the  presiding    officer,   and    cases   were    by  no   means  |j'aj[.  \^\_  ,. 
unknown  where   the    chairman   had  refused   to  declare  a 
certain  person  elected. 

177.  Entrance    on    Office  and  Retirement   from  It.     In 
Cicero's   day   the  quaestors  assumed    office    December  5,  cic.  in  Verr. 
the  tribunes  December  10,  the  consuls  and  all  the  other  ^*^*-t'4°' 

C.  I.  L.  I.  202. 

magistrates  January  i.     Early  in  the  morning  of  the  first 
of  January  one    of  the    newly  elected    consuls   took    the 
auspices,  went  to  the   capitol,  attended  by  senators,  and   Ov.  Fast, 
made  a  sacrifice  to  Jupiter.     Later  in  the  day  he  called   Suet.  Aug. 
a  meeting  of  the  senate,  which  was  attended  by  the  other  lIv.  26.  26. 
magistrates,  to  consider  public  questions  of  a  general  char- 
acter.     Within  five   days   after  taking  office,   magistrates 
were  expected  to  take  an  oath  to  support  the  laws  {iurare 
in  leges') .    Those  magistrates  who  were  to  hold  the  imperiiim 


St.  R.I.  628  f. 


172  REPUBLICAN    PERIOD:    DESCRIPTIVE 

Cell.  13. 15.4;   were  required   to   secure   the   passage   of  the   lex  curiata 

Cic.  de  Leg.  .  .      .  .  . 

Agr.  2. 26ff.  de  iftipeno.  Some  fictitious  importance  was  given  to  this 
formal  act  in  the  later  years  of  the  republic  by  the  oppo- 
sition of  the  tribunes.  A  magistrate  could  resign  before 
his  term  of  office  had  expired,  and,  in  case  of  criminal  con- 
duct, moral  pressure  could  be  brought  to  bear  upon  him 
to  induce  him  to  resign,  as  was  done  in  63  in  the  case  of 

Cic.  in  Cat.  Lentulus.  He  could  be  removed  from  office,  however,  only 
by  the  people  who  had  elected  him,  but  this  radical  step  was 
rarely  taken  in  times  of  peace  (cf.  pp.  95,  135). 

178.  Responsibility  of  Magistrates.  Theoretically,  magis- 
trates, like  private  citizens,  were  amenable  to  the  laws,  and 
civil  or  criminal  action  could  be  brought  against  them 
either  during  their  term  of  office  or  after  its  expiration. 
However,  certain  considerations  of  a  theoretical  and  prac- 
tical nature  put  a  check  on  the  application  of  this  principle 
in  its  extreme  form.  Thus  action  could  not  be  brought 
against  a  magistrate  in  office  unless  the  judge  before  whom 

.Suet.  lul.  17;  the  case  came  had  the  inaior  potcstas.  The  consul  was, 
therefore,  exempt  from  trial  during  his  term  of  office, 
because  no  magistrate  had  the  maior  potestas  over  him. 
Furthermore,  the  danger  of  interfering  with  the  transac- 
tion of  public  business  usually  checked  any  attempts  to 
hold  even  a  lower  magistrate  responsible  in  the  courts, 
until  his  term  had  expired.  The  dictator  could  not  be 
called  to  account  in  any  case,  and,  although  the  censor 
does  not  seem  to  have  been  exempted  by  law  from 
responsibility  for  his  conduct,  the  proper  performance  of 
his  duties  involved  the  exercise  of  so  much  discretion 
that  no  successful  action  ever  appears  to  have  been 
brought  against  him.  The  development  of  one  phase  of 
the  tribune's  functions  deserves  special  notice  in  this 
connection.     From  the  outset  he  was  vested  with  the  right 


Digest,  4.  8. 4. 


CANDIDACY,    ELECTION,    RESPONSIBILITY       1/3 

to  inflict  a  summary  punishment  on  any  one  who  violated 
the  sanctity  of  his  person,  or  disregarded  his  veto  power. 
As  we  have  already  noticed  (p.  76),  the  irregularity  of 
this  procedure,  and  the  theory  that  a  failure  to  recognize 
the  rights  of  the  representative  of  the  plebs  was  an  offense 
against  the  dignity  of  the  whole  order,  led  to  the  practice 
of  bringing  such  cases,  especially  if  magistrates  were 
offenders,  before  the  concilium  plebis.  Before  this  court 
ex- magistrates  were  freely  held  responsible  for  malfeasance 
in  office,  embezzlement  of  public  funds,  and  for  other 
offenses  of  a  more  or  less  political  character.  After  the 
establishment  of  the  quaestio?ies  de  repetiuidis,  de  ambitu, 
and  de  maiestate  (cf.  p.  106),  offending  magistrates,  espe- 
cially provincial  governors,  at  the  end  of  their  term  of 
office  were  brought  before  these  courts.  The  purpose  of 
these  actions  was  often,  not  to  secure  justice,  but  to  win  an 
advantage  by  discrediting  a  political  opponent. 


Selected   Bibliography  ^ 

Mommsen,  Rom.   Staatsrecht,  3  vols.     (Vols.  I  and   II  in  3d  ed.) 

Leipzig,  1887.     (Cited  in  reference,  St.  R.) 
Herzog,   Geschichte   u.  System    d.  rom.  Staatsverfassung,    2   vols. 

Leipzig,  1884-7.     (Cited  in  reference,  Herz.) 
Bouche-Leclercq,   Manuel  des  institutions  Komaines.     Paris,   1886. 

(Cited  in  reference,  B.-L.) 
Madvig,  Verfassung  u.  Verwaltung  d.  rom.  Staates,  2  vols.     Leipzig, 

1 88 1 -2.     (Cited  in  reference,  Madv.) 
Schiller,  Staats-  und  Rechtsaltertlimer  in  Miiller's  Ilandbuch,  Bd. 

IV.2     Munich,  1893.     (Cited  in  reference,  Sch^ 

'  General  works  of  reference  like  the  Dictionaries  of  Classical  Antiquities  by 
Seyffert  (revised  by  Nettleship  and  Sandys),  by  Smith  (revised  by  Wayte  and 
Marindin),  by  Daremberg  and  Saglio,  and  by  Peck,  and  Pauly's  Real-Encyclopadie 
(4  vols,  now  published,  revised  by  Wissowa)  may  also  be  consulted  with  profit  in 
connection  with  this  chapter  and  with  those  which  follow. 


174  KKPUBLICAN    I'ERIOD:    DESCRIPTIVE 

I-ange,  Romische  AUerthlimer,  3  vols.     Kerlin,  1S76-9. 

Mispoulet,  Les  institutions  politiques  des  Remains,  2  vols.      Paris, 

1882. 
Ad.  Nissen,  Das   lustitium.      Leipzig,   1S77.      (Cited  in  reference, 

Nissen,  Ittst.) 
Mommsen,  Die  Rechtsfrage  zwischen  Casar  u.  dem  Senat.    Breslau, 

■  1857. 
Karlowa,  Romische  Rechtsgeschichte,  Vol.  I.     Leipzig,  18S5. 
H.  Nissen,  Das  Templum.     Berlin,  1869. 
Bruns,  Pontes  iuris  Romani  antiqui,  ed.  VI.  cura  Theodori  Monim- 

seni  et  Ottonis  Gradenwitz.     Lipsiae,  1893.     (Cited  in  reference, 

Bruns.) 
Willems,  Le  droit  public  Romain,  6th  ed.     Louvain,  1888.     (Cited 

in  reference,    IVill.  Dr.) 

SUI'PLEMENT.ARV    LITERATURE,    I90I-I910 

De  Ruggiero,  II  consolato  e  i  poteri  pubblici  in  Roma.    Rome.  1900. 
Le  Jeune,  L'imperium  des  magistrats  de  Rome  sous  la  republique. 
Rennes,  1SS9. 


CHAPTER    IX 

THE  SEVERAL  MAGISTRACIES 

(a)  The  Consul 

179.  The  Consul's  Alternative  Titles.  At  the  begin- 
ning of  the  republican  period  thie  two  chief  magistrates 
were  csXXtd  praetores ,  indices,  or  consules.  The  significance 
of  the  first  two  titles  is  correctly  explained  in  Cic.  de  Legg. 
III.  8  :  regio  imperio  duo  simto,  iique praeeiindo,  iudicandOy 
consulendo,  praetores,  indices,  consules  appeUa7nino.  Perhaps 
it  was  because  the  functions  of  the  chief-magistrate  as 
commander-in-chief  of  the  army  surpassed  his  civil  duties 

in  importance  and  dignity  that  he  was  commonly  styled  Legg.  XII. 
praetor  in  the  early  period.  Perhaps  praetor  indicated  Liv.  3. 55. 12 
his  military,  and  iudex  his  civil  functions.  At  all  events, 
after  367,  when  the  jurisdiction  of  the  chief-magistrate  in 
civil  cases  was  transferred  to  the  incumbent  of  the  newly 
established  magistracy,  the  former  is  regularly  called  consul. 
Cicero's  explanation  of  the  word  consul  is  not  correct. 
The  title  indicates  rather  that  the  supreme  power  was  held 
by  more  than  one  person.  In  this  respect  of  course  the 
position  of  the  republican  chief-magistrate  was  distinguished 
from  that  of  the  king. 

180.  CoUegiality.  What  has  been  said  (pp.  167-172)  in 
a  previous  chapter,  dealing  with  the  magistrates  in  general, 
with  reference  to  eligibility  for  office,  method  of  nomina- 
tion, candidacy,  elections,  entrance  on  office,  and  retire- 
ment from   it,  is  peculiarly  applicable  to    the  consulship. 


176  RErUULICAN    I'KKIOl):    DESCRIPTIVE 

Both  members  of  this  college  were  at  all  times  vested 
with  the  full  jKnver  of  theii  office.  To  avoid  a  conflict 
of  authority,  so  far  as  it  was  possible  to  avoid  it  under 
this  system,  in  the  early  period,  as  we  have  already  noticed 
(p.  155),  the  consuls  took  turns  month  by  the  month  in 
exercising  the  right  of  the  initiative,  the  older  of  the  two 
Gell.  2. 15. 4.  enjoying  this  privilege  for  the  first  month  of  the  official 
year.  The  consul  who  was  thus  honored  during  a  given 
month  was  sometimes  called  consul  maior.  This  method 
of  alternation,  however,  was  probably  given  up  before 
Cicero's  time,  although  it  was  restored  by  Caesar.  The 
other  methods  of  avoiding  a  conflict  which  have  been  men- 
tioned, were  freely  used.  In  time  of  war  both  consuls  took 
the  field  in  the  early  period,  but,  after  Sulla's  reform  of  the 
constitution  (cf.  p.  105),  they  rarely  left  the  city  and,  there- 
fore, rarely  exercised  the  military  iviperium. 

181.  lus  cum  Populo  Patribusque  Agendi.  The  consul 
was  vested  with  all  the  powers  which  belonged  to  the 
magistracy  (pp.  157  f.).  The  functions  jjeculiar  to  his  office 
may  be  conveniently  considered  from  the  point  of  view 
of  home  politics  and  foreign  politics.  In  the  field  of 
domestic  affairs  his  most  important  powers  were  those 
which  he  exercised  as  chairman  of  the  senate  and  of  the 
assemblies  of  the  popiilus.  He  alone  of  the  regular  magis- 
trates could  preside  over  the  centuriate  comitia  called 
for  the  election  of  magistrates.  The  nomination  of  a 
dictator  was  also  intnisted  to  him.  Furthermore,  cus- 
tom had  conferred  on  him  alone  the  right  to  bring  impor- 
tant bills  before  the  comitia  ccnturiala  or  the  comitia 
tributa.  His  relations  with  the  senate  are  more  difficult 
to  define.  It  was  his  duty  to  consult  that  body  in  impor- 
tant matters,  but  the  law  laid  down  no  ])rovisions  to  govern 
his  action  in  specific  cases,  so  that  the  question  was  left 


THE   CONSUL  177 

to  his  own  discretion.  He  could  even  propose  a  measure 
in  the  popular  assembly  without  securing  the  auctoritas 
senatus,  or  previous  approval  of  the  senate.  This  was  the 
course  which  Caesar  adopted  in  5  9  in  securing  the  passage 
of  his  agrarian  bill.  But  the  senate  could  usually  bring  Liv.  Kp  103 
such  an  attempt  to  naught  by  interposing  rehgious  diffi- 
culties, or  by  persuading  a  tribune  to  interpose  his  veto. 
In  fact,  Caesar's  course  in  59  was  regarded  as  almost  revo- 
lutionary. No  satisfactory  line  of  distinction  can  be  drawn 
between  the  kind  of  legislation  which  the  consul  secured 
and  that  which  was  proposed  by  the  tribune,  except  that 
the  latter  usually  had  a  more  partisan  bias. 

182.  Judicial  Functions.  The  establishment  of  the  prae- 
torship  in  367  took  almost  entirely  from  the  consul  his  juris- 
diction in  civil  cases  {iurisdictio  inter  privatos).  Later  only 
friendly  transactions  which  needed  the  confirmation  of  the 
state's  authority,  -like  the  manumission  of  a  slave,  or  the 
emancipation  of  a  son  from  the  patria  potestas,  came  under 
his  jurisdiction.  The  laws  establishing  the  right  of  appeal, 
the  assumption  of  judicial  powers  by  the  concilium  plehis 
(p.  76),  and  the  establishment  of  the  qitaestioncs  pcrpetuae 
under  the  presidency  of  the  praetors  (p.  106),  robbed  the 
consul  of  his  functions  as  a  criminal  judge,  so  far  as  citizens 
were  concerned.  Important  criminal  proceedings  against 
foreigners  and  against  slaves  were,  however,  still  left  in  his 
charge. 

183.  Religious  Duties.  The  revolution  of  509  trans- 
ferred the  religious  functions  of  the  chief-magistrate  to  the 
priests.  The  consul,  however,  still  had  certain  religious 
duties  to  perform,  such  as  taking  the  auspices   (p.   158), 

making  sacrifices,   pronouncing   and   performing   vows   in   Liv.  9. 46. 6 
the  name  of  the  state,  dedicating  temples,  and  supervising   ^^^  {''^'' 
certain  public  games. 


178  REPUBLICAN    PERIOD:    DESCRIPTIVE 

184.  Financial  Duties.  The  control  which  the  king,  and 
the  consul  in  the  early  republican  period,  had  had  over  the 
finances  of  the  state,  was  in  later  days  exercised  on  the 
one  hand  by  the  senate  and  the  people,  on  the  other  by 
the  censor  and  the  quaestor.     The  right  to  enact  and  repeal 

Liv.  2.  9.  6;     revenue  laws  was  from  the  outset  intrusted  to  the  senate. 

23-  31- 1-  jj^  ^j^g  l^jgj.  period  the  consuls  also  adopted  the  practice 
of  consulting  the  senate  with  reference  to  the  expenditure 
of  public  funds,  until  in  course  of  time  that  body  acquired 

I.iv.44.i6.if.;   in  large  measure  the  control  of  the  public  treasury.     The 

Cu:.  in  \  at.  f^-^j^ncial  powers  of  the  consul  were  still  further  limited  by 
the  establishment  of  the  censorship,  and  by  the  elevation  of 
the  quaestorship  to  an  independent  elective  office.  The 
quaestor  alone  could  authorize  the  payment  of  public 
moneys,  and  the  censor,  during  his  term  of  office  at  least, 
had  exclusive  charge  of  the  ager  publicus,  the  farming  of 
the  taxes,  and  the  construction  of  public  buildings  and 
public  works.  However,  the  consul  took  charge  of  most 
matters  of  this  sort  during  the  last  three  and  a  half  years 
of  a  lustrum  after  the  censor  had  gone  out  of  office. 

185.  Functions  of  the  Consul  outside  the  City.  As 
we  have  already  noticed  (p.  161),  a  sharp  line  of  distinc- 
tion was  drawn  between  the  powers  which  a  magistrate 
could  exercise  at  home  (domi)  and  abroad  {militiae) .  Up 
to  this  point  we  have  considered  the  consul's  powers  and 
duties  in  the  city.  Outside  the  city  his  functions  consisted 
mainly  in  conducting  campaigns,  and  in  representing  the 
home  government  in  its  dealings  with  Italy,  the  provinces, 
and  with  independent  states. 

186.  The  Consul  as  Commander-in-Chief.  A  declaration 
of  war  always  required  the  fovorable  action  of  the  centu- 
riate  comitia.  The  consul,  however,  retained  the  right  to 
call  the  citizens  to  arms  in  case  of  an  emergency,  but,  as 


THE   CONSUL  1 79 

the  military  operations  of  Rome  increased  in  importance, 
and  more  than  two  generals  in  the  field  were  required,  the 
whole  question  of  the  levy  and  the  organization  of  the 
army  was  submitted  to  the  senate  for  its  consideration. 
After  207  also  the  choice  of  the  tribuni  niilitum  for  the  Liv.27.36. 14 
four  legions  of  the  regular  levy  was  taken  out  of  the  hands 
of  the  consul  and  made  by  popular  election.  When  mili- 
tary operations  were  carried  on  at  a  single  point,  the  con- 
suls had  the  supreme  command  on  alternate  days.  When  Liv.  22.  45. 
two  campaigns  were  being  carried  on  at  the  same  time,  the  ^~'^' 
senate  was  often  asked  to  assign  the  two  consuls  to  their 
respective  fields,  and  in  this  way  that  body  made  its  influ- 
ence felt  still  further  in  the  management  of  military  affairs. 
In  the  general  conduct  of  a  campaign  the  consul  was  given  a 
free  hand,  although  at  its  close  he  might  be  held  responsible 
before  the  concilium  plebis  (pp.  172-3)  for  such  military 
offenses  as  cowardice  or  ill-treatment  of  prisoners.  In  the 
early  period  apparently  the  chief-magistrate  could  conclude 
a  valid  treaty  of  peace  with  an  enemy,  but  in  later  times, 
perhaps  after  the  humiliating  treaty  of  the  Caudine  Forks 
in  321,  the  right  to  conclude  a  permanent  treaty  of  peace  Liv.  9.  5.  i. 
was  taken  by  the  people  as  its  exclusive  prerogative.  The 
magisterial  right  to  sue  for  a  triumph,  for  the  title  of 
imperator,  and  for  a  supplicatio  has  already  been  discussed 
(pp.  161  f.). 

187.  The  Consul's  Duties  in  Italy.  The  control  which 
the  consul  had  over  Italy  outside  of  Rome  and  that  which 
he  exercised  over  the  provinces  differed  essentially,  for  two 
reasons.  In  the  first  place,  the  provincials  were  not  citi- 
zens, while  in  the  first  century  the  Italians  had  the  rights 
of  citizenship  in  full,  or  to  a  limited  extent.  Furthermore, 
each  province  was  a  political  unit  subject  to  its  governor, 
while  in  Italy  affairs  other  than  those  of  a  purely  local, 


l8o  REI'UBLICAN    PERIOD:    DESCRIPTIVE 

fiscal,  or  judicial  character  were  directed  from  Rome. 
The  relations  which  the  Italian  communities  bore  to  the 
central  government  were  determined  by  treaties  (cf.  p.  59), 
and  one  of  the  i)rincipal  duties  of  the  consul  was  to  secure 
the  observance  of  these  treaty  relations,  and,  with  the 
Liv.  10. 1.  3.  cooperation  of  the  senate  (cf.  p.  236),  to  suppress  con- 
spiracies and  put  down  serious  uprisings.  In  his  mili- 
tary capacity  he  took  charge  of  the  contingents  of  troops 
furnished  by  the  Italian  allies,  and  protected  Italy  from 
inroads  from  across  the  frontier. 

188.  The  Consul  in  the  Provinces.  In  the  early  period, 
foreign  campaigns,  as  well  as  those  in  Italy,  were  conducted 
by  the  consul.  In  case  a  praetor  was  already  in  charge 
of  the  province  where  the  war  was  being  carried  on,  he 
assumed  the  same  relation  to  the  consul  which  he  would 
have  held  to  him  if  both  magistrates  had  been  in  Rome. 
If  the  province  was  not  under  a  praetorian  governor,  the 
consul  took  upon  himself  all  civil  and  military  duties. 
Sulla's  legislation  extended  to  all  the  provinces  the  prac- 
tice of  sending  out  ex-magistrates  as  governors  at  the  end 
of  their  term  of  office  at  Rome,  so  that  after  his  dictatorship 
the  consul  had  no  occasion  to  go  into  a  province  during 
his  term  of  office.  Sulla's  arrangement  was  slightly  modi- 
Dio,  40. 56;  fied  by  the  law  of  52  which  fixed  an  interval  of  five  years 
1.^85.  9.  between  the  incumbency  of  a  magistracy  at  Rome  and  the 

assumption  of  a  ])rovincial  governorship. 

Through  the  consul  also  negotiations  were  carried  on  with 
other  states.  He  received  embassies,  introduced  them  to 
the  senate,  when  he  saw  fit  to  do  so,  referred  questions 
of  international  politics  to  that  body  for  discussion,  and 
laid  before  the  popular  asseml)ly  the  recommendations  of 
the  senate  with  reference  to  an  offensive  war  or  a  treaty 
of  peace. 


DICTATOR   AND   MAGISTER   EQUITUM         l8l 

189.  The  Quaestio  Extraordinaria,  Senatus  Consultum 
Ultimum,  and  lustitium.  Certain  exceptional  powers  given 
to  the  consul,  or  assumed  by  him  on  his  own  responsibility 
in  an  emergency,  are  on  the  border  line  between  his  powers 
domi  and  militiae.  These  extraordinary  powers  came  to  him 
in  one  of  three  ways  :  through  the  establishment  of  a  quaes- 
tio extraordinaria,  the  passage  of  a  senatus  consultum  ulti- 
mum, or  the  announcement  of  a  iustitium.  When  crimes 
of  a  political  character  had  been  committed  by  private 
citizens  or  by  magistrates,  for  the  adjudication  of  which 
the  ordinary  courts  seemed  unsuitable,  the  investigation  of 
the  accused  persons,  and  their  punishment,  if  found  guilty, 
were  sometimes  intrusted  to  special  courts  under  the  presi- 
dency of  the  consuls  and  the  other  higher  magistrates.  In  Liv.  42.  21.  5; 
such  cases  the  right  of  appeal  was  suspended.  When  a  con-  2. 54. 
spiracy,  an  insurrection,  or  a  revolution  threatened  public 
security,  or  the  integrity  of  the  state,  the  senate  at  times, 

instead  of  instructing  the  consul  to  appoint  a  dictator,  passed 
the  senatus  consultum  ultimum,  so  called,  which,  under  the    sall.  Cat.  m- 
interpretation  put  on  it  for  many  years,  suspended  the  right   ^^^^-  ^-  ^■ 
of  appeal  and   the   tribunician   veto  power.     A  iustitium   cic.  de  Har. 
could  probably  be  declared  by  the  consul  on  his  own  respon-    y'kJ^'^-xi  ■ 
sibiHty,  but  this  was  so  extreme  a  step  to  take,  that  the   Liv.  3.  27.  2. 
senate  was  usually  consulted   beforehand.     The   instil iu7n 
involved  the  suspension  of  public  business,  in  particular  of 
fiscal  and  judicial  business,  and  the  closing  of  the  shops. 

(6)  The  Dictator  and  Magister  Equitum 

190.  Appointment  of  a  Dictator.  The  consul,  as  we  have 
already  noticed  (pp.  25  f.),  inherited  the  poUtical  powers  of 
the  king,  except  that  he  was  subject,  either  at  the  outset 
or  at  an  early  period,  to  the  checks  put  on  him  by  the 


3-  9;  Liv. 
4.  21.  9-10 


182  REPUBLICAN    PERIOD:    DESCRIPTIVE 

principle  of  coUegiality,  the  right  of  appeal,  the  tribunician 
veto,  and  the  possibility  of  being  held  accountable  for  his 
conduct.     From   all  these  limitations  the  dictator  in  the 
early  period  was  relieved.     A  dictator  was  appointed  when 
the  integrity  of  the  commonwealth  was  threatened  by  wars 
without  or  by  dissensions  within  the  borders  of  the  state. 
Liv.  4. 26. 11;  The  power  to  appoint  was  vested  in  the  consuls.     Some- 
cenus^24!        times  the  two  consuls  acted  together  in  making  the  choice. 
At  other  times  one  of  them  was  chosen  by  lot  to  select  the 
dictator.     The  veto  of  a  colleague  or  of  a  tribune  was  not 
recognized.     Constitutionally  the  senate  had  no  voice  in 
the  matter,  but,  during  the  period  of  its  supremacy,  that 
body  usually  passed  on  the  advisability  of  choosing  a  dicta- 
Cic.  de  Legg.    tor,  and  secured  the  appointment  of  the  individual  favored 
by  it.     An  important  change  in  the  method  of  appointment 
was  made  during  the  second  Punic  war  after  the  disastrous 
defeat  at  Lake  Trasimenus.     The  necessity  of  choosing 
a  dictator  was  recognized  by  every  one,  and,  as  if  by  com- 
mon consent,  an  act  authorizing  the  appointment  was  passed 
Liv.  22.  8.        by  one  of  the  popular  assemblies.     This  irregular  method 
t'.  '  of  procedure  was  followed  on  one  or  two  subsequent  occa- 

14  f-  sions  also.     The  choice  was  usually  Hmited  to  ex-consuls, 

but  there  does  not  seem  to  have  been  any  legal  restriction 
covering  this  point. 

191.    His  Powers  and  Duties.     The  consuls  and  other 
magistrates  continued   in   office  after  the  appointment  of 
Liv.  5.  9.  6;     a  dictator,  but  he  exercised  the  right  of  mains  imperium 
30.24.3.  ^^^   ^^^  ^^^^  them.     He  could,  however,  if  he  pleased, 

force  them  to  resign.  Inasmuch  as  his  duties  involved 
mainly  the  preservation  of  order  or  its  restoration,  the 
exercise  of  his  functions  rarely  brought  him  into  conflict 
with  the  praetor,  censor,  or  aedile,  so  that  the  business  of 
those  officials  was  carried  on  without  interruption  during 


DICTATOR   AND   MAGISTER   EQUITUM         1 83 

a  dictatorship.     He  was  attended  by  twenty-four  lictors,   Polyb.  3. 
who  carried  axes  even  within  the  city.     The  appointment   LiVfl  18.  8, 
of  a  dictator  curtailed  the  rights  of  the  individual  citizen. 
He  was  in  a  way  also  a  representative  of  the  conservative 
party.     It  is  not  strange,  therefore,  that  the  party  of  prog- 
ress fiercely  attacked  the  institution,  and  as  that  party  grew   Liv.  27. 6. 5 ; 
in  power  it  succeeded  in  making  good  the  right  of  appeal,   p_  igg/ed.  M 
perhaps  in  300,  and  the  right  of  a  tribune  to  interpose  his 
veto — a  right  which  was  gained  toward  the  close  of  the  third 
century.     The  dictator  was  never  held  responsible  for  his 
conduct,  however,  and  there  is  only  one  recorded  instance   Liv.  22.  25. 
where   a    colleague   was    chosen.     Still    the    two    changes 
mentioned   above    robbed   the  dictatorship    of  its  impor- 
tance in  large  measure,  and  the  last  incumbent  of  the  office 
was  chosen  in  202.     Dictators  were  appointed   not  only 
seditionis    sedandae    causa,    but    also    to    perform    certain 
political  or  religious  acts  which  could   not  well  be   per- 
formed by  the  regular  magistrates.     Thus  they  were  chosen 
comitiorum    habefidomm,  feriaruui    constituendarum,    and    Liv.  7. 22. 10; 
davi  figendi  causa.  '^-j.-x-x.  6.' 

192.  Term  of  Office.  The  dictator  was  expected  to  lay 
down  his  office  when  the  business  for  which  he  had  been 
chosen  had  been  brought  to  an  end.  The  maximum  term 
was  six  months.  The  dictatorship  of  Sulla  (p.  104)  and  of 
Caesar  (pp.  134  f.)  in  the  first  century  B.C.  was,  there- 
fore, essentially  different  in  this  respect  from  those  of  the 
early  period.  Sulla  assumed  the  office  for  an  indefinite 
period,  and  Caesar  for  life.  Some  of  the  other  points  in 
which  this  new  magistracy  differed  from  the  old  one  are 

noted  elsewhere  (pp.  135,  218).     On  the  motion  of  Antony   cic.  PhiL 
the  dictatorship  was  abolished  after  Caesar's  death.  '■  3^- 

193.  The  Magister  Equitum.      At  the  outset  the  dictator 

11     1  •  7-  1-11  T    1        Cic.  de  Re 

was  called  ?jiagister  popuh,  a  term  which  throws  some  light   publ.  1.63. 


184  REPUBLICAN    PERIOD:    DESCRIPTIVE 

on  the  relation  which  his  subordinate,  the  magister  equitum, 

bore   to  him.     The   dictatorship  was  primarily  a  military 

ofifice,  and  its  incumbent  commanded  the  infantry,  while 

Cic.de  Legg.    the  magister  equitum  had  charge  of  the  cavalry.     If  we 

■X.  9 ;  Varro,         ,.,.,,.  ,.  .  •,, 

L.  L.  5.  82.  thmk  of  the  dictator  as  vested  for  a  short  tuiie  with  the 
powers  of  the  king,  which  is  essentially  true  for  the  early 
period,  the  magister  equitum  corresponds  to  the  king's  chief 
military  subordinate,  the  tribunus  celerum  (p.  16).     He  was 

Liv.  9.  38.  appointed  by  the  dictator,  was  the  dictator's  immediate  sub- 
ordinate, and  during  the  absence  of  that  official  received 
his  exceptional  powers.     He  went  out  of  ofifice  with  his 

Dio,  42.  27.  superior.  He  was  attended  by  six  lictors,  wore  the  prae- 
texta,  and  probably  used  the  curule  chair  on  ofificial  occa- 
sions. He  ranked  just  below  the  praetor  (p.  168).  The 
ofifice  became  extinct  when  the  dictatorship  was  given  up, 
but  was  revived  by  Caesar. 

{c)  The  Consular  Tribune 

194.  Origin  of  the  Consular  Tribunate.  Roman  histo- 
rians give  as  one  reason  for  the  establishment  of  the  con- 
Liv.  4.  7.  2.  sular  tribunate  the  development  of  military  operations  and 
the  need  of  more  than  two  generals  in  the  field.  This  may 
have  been  a  subsidiary  motive,  but  the  real  explanation 
of  the  change  is  probably  the  one  given  in  a  previous 
chapter  (p.  34).  From  the  earliest  times  the  armed  force 
of  the  community  had  been  commanded  by  tribuni  jniii- 
tuiu.  These  were  at  first  three  in  number,  then  six,  and, 
when  more  than  one  legion  was  levied,  six  for  each  legion. 
The  establishment  of  the  ofifice  of  tribuni  miiitum  cotisulari 
potestate  meant  simply  the  investiture  of  a  certain  number 
of  these  purely  military  officials  with  the  jjolitical  powers 
of  the  consul.     This  was  accomplished  by  an  election  in 


THE   CONSULAR   TRIBUNE  185 

the  centuriate  comitia.  All  citizens  sensed  in  the  army  Liv.  5. 52. 16. 
and  were  eligible  to  the  office  of  tribunus  militum,  so 
that  the  substitution  of  consular  tribunes  for  consuls  in- 
volved the  admission  of  plebeians  to  the  chief  magistracy,  Liv.  4.  6.  8. 
and  satisfied  their  demands  in  part,  while  at  the  same  time, 
as  we  have  already  noticed  (p.  34),  the  patricians  left  a 
way  open  to  restore  to  their  own  class  its  exclusive  political 
privileges,  when  a  favorable  opportunity  presented  itself. 

195.  Number  of  the  Consular  Tribunes  and  their  Powers. 
The  normal  number  six  was  suggested  by  the  number  of 
military  tribunes  in  charge  of  each  legion.  The  numbers 
three  and  four,  which  are  not  uncommon  in  the  college, 
may  be  due  to  the  fact  that  they  adapted  themselves 
readily   to    the   system   of  monthly   sequence   during    the 

year.     As  their  title  indicates,   these  officials  had  all    the   Liv.  4.  7.  2. 
powers  and  insignia  of  the  consul,  even  the  right  to  take 
the  auspices  and   to  name  a  dictator.     The  only    partic- 
ulars in  which  the  power  and  dignity  of  the  office  were 
inferior  to  those  of  the  consul  seem  to  have  been  that  the 
consular  tribunes  could  not  delegate  their  authority,  could    Liv. 4.45. ;£.; 
not  triumph  at  the  close  of  their  term  of  office,  and  did       '    '    '  ^°' 
not  enjoy  the  privileges  which  ex-consuls  had.     The  last 
distinction    is    of  both    political   and    social   importance. 
Those  who  had  been  consular  tribunes  did  not  have  the 
right  of  priority   in   speaking  and    voting   in  the    senate, 
which  was  one  of  the   privileges  of  ex-consuls.     In  fact, 
plebeians    who    had    filled    the    office    were    probably  not 
allowed  to  take  part  in  the  debate  at  all.     This  limitation   St.  R.  ill. 
more  than  any  other  must  have  made  the  plebeians  dis-   ^  ^' 
satisfied  with  the  compromise.     Furthermore,  ex-consular 
tribunes  did  not  have  the  itis  imaginiim  (p.  166). 

196.  Disappearance    of   the   Office.       The    office    lasted 

from  444  to  367.     It  vas  abolished  by  the   Licinian  law.    Liv.  6.  35. 5. 


1 86  REPUBLICAN    PERIOD:    DESCRIPTIVE 

During  the  period  of  its  continuance  there  were  fifty-one 
colleges  of  consular  tribunes  and  twenty-two  of  consuls,  and 
for  four  years,  from  375  to  371,  there  were  no  curule  magis- 
trates. In  the  year  53  it  was  proposed  to  reestablish  the 
consular  tribunate,  in  order  to  satisfy  the  rival  candidates  for 
the  chief-magistracy  by  increasing  the  number  of  positions 
available,  but  the  plan  was  not  carried  out. 

{d)  Tlte  Praetor 

197.  Relation  of  the  Praetor  to  the  Consul.  The  circum- 
stances under  which  the  praetorship  was  established  have 
been  noticed  elsewhere  (p.  37).  The  new  magistrate  was 
regarded  as  the  collega  consuhtm,  and  in  the  early  period 
ex-consuls   were    not   infrequently  elected    to    the   office. 

7.  I.  6.  Certain  important  duties  which  had  belonged  to  the  consul 
were  taken  from  him  and  assigned  to  the  praetor.  It  was 
very  natural,  therefore,  to  regard  the  praetor  as  equal  in 

6.  42.  II.  dignity  to  the  consul.  In  point  of  fact  the  sphere  within 
which  he  exercised  his  regular  functions  was  so  shar})ly 
defined,  and  he  was  made  so  complete  a  master  of  it,  that 
there  was  little  danger  of  conflict  between  him  and  the 
consul.     When  such  conflict  came,  however,  the  principle 

1.13. 15.4.  of  fuaius  imperhwi  was  recognized,  and  the  praetor  was 
forced  to  yield.  His  inferior  position  was  indicated  to 
the    eye    by    the    fact  that  he  was  attended    by  only  six 

>'=i"'  lictors,  and  in  the  later   period   he  was  accompanied    by 

only  two  when  performing  his  judicial  duties  in  the  city. 

198.  Method  of  Election ;  Title.  Certain  practices  ob- 
served in  electing  praetors  bring  out  in  a  concrete  way 
the  relation  which  the  consul  and  the  praetor  bore  to  each 
other.  As  Aulus  Gellius  says  {N.  A.  XIII.  15.  4):  praetor, 
etsi  conlega  consulis  est,  neque  praetoret)i  neque  consulem  iiire 


THE    PRAETOR  I 87 

rogare potest,  .  .  .  qjiia  imperinm  minus  praetor,  mains  habet 
cofisul,  et  a  minore  i}?iperio  mains  aut  viaior  conlega  rogari 
iure  71071  potest.  Patricians  only  were  eligible  to  the  office 
at  first,  but  within  thirty  years  of  its  establishment  it 
was  thrown  open  to  the  plebeians  also  (p.  42),  whether 
by  law  or  otherwise  is  not  clear.  The  chief-magistrate 
lost  the  title  of  praetor  and  it  was  given  to  the  new 
official  (p.  175),  although  it  did  not  suggest  his  duties  as 
well  as  index  would  have  done. 

199.  Three  Periods  of  the  Praetorship.  The  history  of 
the  praetorship,  from  the  point  of  view  of  the  functions 
which  the  incumbents  of  the  office  exercised,  falls  into 
three  periods  —  from  367  to  227,  from  227  to  81,  and  from 
81  down  into  the  empire.  In  the  first  period  the  special 
duties  of  the  praetor  were  judicial.  In  the  second  period 
the  college  of  praetors  was  divided  into  two  sections.  The 
members  of  one  section  were  judges ;  those  of  the  other 
were  provincial  governors.  In  the  third  period,  under  the 
republic,  all  of  the  praetors  were  judges  at  Rome,  during 
their  first  year  of  office,  and  provincial  governors  the 
following  year. 

200.  Development  of  the  Praetorship.  There  was  only 
one  praetor  at  the  outset.  This  fact  distinguishes  the 
praetorship  from  all  the  other  magistracies.  From  the  theo- 
retical point  of  view,  however,  as  we  have  seen,  the  praetor 
was  regarded  as  the  colleague  of  the  two  consuls,  and, 
therefore,  in  a  vague  way  may  have  been  at  first  thought  of 
as  a  member  of  the  college  to  which  the  consuls  belonged. 
The  judicial  duties  of  the  praetor  confined  him  to  the  city, 
while  the  consuls,  his  two  colleagues,  if  we  may  so  call 
them,  were  frequently  engaged  in  carrying  on  wars  abroad. 
In  consequence  of  this  difference  he  was  styled  praetor 
urbanus.     The  duties  of  the  new  magistracy  increased  to 


l88  REPUBLICAN    PERIOD:    DESCRIPTIVE 

such  an  extent  that  in  242  it  was  found  necessary  to  choose 
Liv.  Ep.  19.     a  second  praetor.     The  praetor  urbanus  assumed    charge 
of  all    civil  suits  in  which  citizens  only  were  interested, 
while    the    new   magistrate   officiated   when   one   party  or 
Liv.  22.  35. 5.   both  parties  were  peregritii.     It  was  from  this  fact  that  he 
received    his    distinguishing    title    of  praetor  peregrinus. 
Along  with    the   increase    in    the    size    of  the    college    of 
Liv. 22. 35. 6;   praetors  in  227  to  four,  and  in  197  to  six,  went  a  change 
^^'  ^^'   '         in  the  functions  of  certain  of  the  incumbents  of  the  office, 
for,   as  we   have  already  noticed   (p.  71),   the   four   new 
praetors   were   added    to  take  charge  of  the    four    newly 
acquired  provinces.     To  meet  the  increasing  demand  for 
provincial  governors,  and  to  provide  for  the  transaction  of 
judicial  business  in  the  city,  the  Romans  were  obliged  to 
St.  R.  II.         resort  frequently  to  the  prorogatio  wiperii.     The  adoption 
^'-^     ■  of  this  device  in  the  case  of  the  praetor  made  his  office 

practically    one    of  two    years.      So    far   as    the    term    of 
office  was  concerned,  it  was  not  a  radical  change  which 
Sulla  made,  therefore,  in  formally  assigning  to  every  praetor 
one    year   in    Rome    and    one    year  in  a    province.     The 
importance  of  the  change  consisted  in  the  fact  that  from 
this  time  to  the  fall  of  the  republic  the  functions  of  all  the 
praetors  were  essentially  the  same,  and  that  all  of  them 
St.  R.  II.         assumed  judicial  duties  for  a  year  and  undertook  the  gov- 
ernment of  a  province  for  the  following  year.     The  number 
of  praetors,  which  Sulla  raised  to  eight,  was  increased  by 
Dio,  42. 51;     Caesar  to  ten,  then  to  fourteen,  and  ultimately  to  sixteen. 
43-47,  43- 49-        201.    Division  of  Duties.     From  the  time  when  more  than 
one  praetor  was  chosen,  the  principle  of  collegiality,  and 
Cic.  in  Verr.     the  consequent  possibility  of  exercising  the  veto  power,  was 
11.1.119.         recognized;   but  it  did  not  have  much  meaning  for  the 
praetor's  office,  because  the  duties  of  the  several  praetors 
were  (juitc  distinct  from  one  another.     It  occasionally  found 


THE   PRAETOR  1 89 

expression  in  a  positive  way  in  the  joint  action  of  two  or 
more  praetors  in  a  matter  concerning  them  all.  The  prae- 
tor nrbanus  took  precedence  of  all  his  colleagues,  and  Liv  24. 9. 5. 
assumed  the  chief-magistracy  during  the  absence  of  both 
the  consuls.  The  assignment  of  each  praetor  to  his  pro- 
vincia,  or  sphere  of  duties,  was  made  by  lot.  From  Sulla's 
time  the  casting  of  lots  took  place  after  the  election  to  deter- 
mine the  praetor's  functions  for  the  first  year,  and  during 
the  first  year  of  office  to  decide  which  provinces  should  be 
governed  by  the  several  praetors  during  the  second  year. 

202.  Powers  of  the  Praetor.  The  praetor's  powers  were 
of  three  different  sorts.  He  acted  as  a  judge,  as  a  pro- 
vincial governor,  and  as  an  administrative  officer.  The 
details  of  judicial  procedure  and  the  duties  of  a  provincial 
governor  are  given  elsewhere,  but  one  or  two  facts  of  a 
general  character  bearing  on  his  judicial  duties  may  be 
stated  here. 

203.  The  Praetor  as  a  Criminal  Judge.  To  the  con- 
stitutional changes  already  mentioned  in  the  functions  of 
the  praetor,  which  divide  the  history  of  his  office  into  three 
periods,  may  be  added  the  change  which  resulted  from  the 
establishment  of  the  gitaestiones  perpehme  (ci.\)Y>.  74,  106). 
These  courts  were  put  under  the  presidency  of  the  praetor. 
Up  to  the  time  of  their  estabUshment  he  had  been  solely  a 
civil  judge,  but  henceforth  he  conducted  criminal  cases  also. 
The  development  of  the  praetor's  criminal  jurisdiction  out 
of  the  civil  is  not  hard  to  understand.  The  earliest  quaestio 
perpetua,  that  to  try  governors  charged  with  extortion,  was 
from  one  point  of  view  a  civil  court,  in  which  those  who 
had  suffered  had  the  right  of  complaint.  From  another 
point  of  view  the  proceeding  assumed  the  character  of  a 
criminal  action,  since  the  offense  had  been  committed  by 
a  state  official  and  was  to  the  detriment  of  the  state. 


190  REPUBLICAN    PERIOD:    DESCRIPTIVE 

204.  The  Edictum  Praetorium.  Of  the  magisterial 
powers  mentioned  above  (pp.  157  ff.)  the  ius  edicendi 
assumed  the  greatest  importance  at  the  hands  of  the  prae- 
tor. On  taking  office  he  pubUshed  the  maxims  of  law  and 
the  forms  of  procedure  {fonnulae)  by  which  he  would  be 

Ascon.  in  governed  throughout  the  year  of  his  office.  This  edict  was 
^d "^Or.'  ^'  ^^'  properly  called,  therefore,  an  edictum perpehawi.  A  praetor 
commonly  adopted  the  edict  of  his  predecessor,  making 
such  additions  and  changes  as  seemed  to  him  and  his 
advisers  desirable,  and  in  this  way  a  large  part  of  the 
Roman  civil  and  criminal  law  was  developed.  The  edicts 
of  the  praetor  peregrinus  formed  in  a  similar  way  the  basis 
of  the  ius  gefitium. 

205.  The  Praetor  as  an  Administrative  Officer.  Admin- 
istrative action  was  taken  by  the  praetor,  either  in  his 
capacity  as  an  independent  magistrate,  or  as  the  repre- 
sentative of  the  consul.  Action  in  the  first  case  was  usu- 
ally taken  under  the  authorization  of  the  senate,  and  covered 
such  matters  as  presiding  over  the  cojnitia  when  laws  were 
being  passed  or  inferior  magistrates  elected.  Furthermore, 
he  conducted  civil  and  military  affairs  under  the  direc- 
tion of  the  consul,  and,  as  noted  above,  in  the  absence 
of  the  consuls  the  praetor  urbanus  became  with  certain 
limitations  the  chief-magistrate. 

(<?)  Tlte  Censor 

206.  CoUegiality.  The  censorship  was  established  in 
443  or  435  (cf.  p.  37).  In  the  case  of  this  office  the 
collegiate  principle  was  carried  out  in  its  extreme  form. 
A  majority  of  the  centuries  must  cast  their  votes  for  both 
members  of  the  college  at  the  same  meeting  to  make 
an  election  valid.     If  one  censor  retired  from  office,  his 


THE   CENSOR  IQI 

colleague  must  also  withdraw,  and  joint  action  was  necessary 
in  all  important  matters.  This  requirement  of  joint  action 
furnished  the  principal  safeguard  of  the  citizen  against 
the  arbitrary  action  of  one  member  of  the  college,  since 
the  censors  were  practically  unaccountable  for  their  official 
actions. 

207.    Election  of  Censors  ;  Term  of  Oflace.     At  the  outset 
patricians  only  were  eligible.     The  first  plebeian  was  elected 
to  the  office  in  351,  and  a  few  years  later  the  principle   Li  v.  10.  8.  8. 
governing  eligibility  to  the  consulship  was  applied  to  the 
censorship  also.     One  censor  must  be  plebeian  ;  both  might   Liv.  8. 12. 16 
be.     Censors  were  elected  in  the  centuriate  comitia  under  Liv.  32.  7.  i ; 

,1  1  \     •       ccL  Gell.  13. 15.4. 

the  presidency  of  the  consul,  and  entered  on  their  ottices 
immediately  after  their  election.     New  censors  were  chosen   Varro,  L.  L. 

r-  1    ^     ^  ^      cc        c  6. 1 1 ;   Censo- 

at  intervals  of  four  or  five  years,  and  held  otfice  tor  a  year  rinus,  i8. 13; 

and  a  half.     The  business  left  unfinished  at  the  end  of  J^^^j'st/I!' 

their  term  of  office  was  turned  over  mainly  to  the  consuls  H-  zip-  ff- 

and  aediles.     Technically  the  censorship  stood  below  the 

praetorship  (p.  168),  but  in  practical  importance  and  in 

public  esteem  it  was  rated  much  higher.     In  fact,  during 

the  first  half  of  the  second  century  it  surpassed  all  the 

other  magistracies  in  dignity  and  influence.     Consuls  and 

praetors  did  not  have  the  right  to  veto  the  action  of  the 

censor,  and  the  tribune  rarely  exercised  it.     The  censor 

sat   in   the   curule   chair  on  formal  occasions,  and,  when   Liv.  40. 45.8 

inaugurated,  wore  the  purple  toga.     On  the  other  hand,  he   6.V3- 7 

was  not  vested  with  the  hnperiiim,  and  consequently  was 

not  attended  by  lictors  (cf.  p.  166).     He  did  not  have  the 

right  to  convoke  the  senate  or  the  comitia. 

208.  The  Duties  of  the  Censor.  The  administrative 
duties  of  the  office  consisted  ( i )  in  assessing  the  property 
of  citizens  and  arranging  them  in  tribes,  classes,  and  cen- 
turies,  (2)  in  revising  the  lists  of  knights  and  senators, 


192  REPUBLICAN    PERIOD:    DESCRIPTIVE 

(3)  in  managing  the  finances  of  the  state.  In  their  per- 
formance of  these  duties  the  censors  exercised  a  general 
supervision  over  the  morals  of  the  community. 

209.  Preliminaries  to  the  Census.  The  first  step  in  the 
assessment  of  property  was  to  summon  all  citizens  to  a 
contio  in  the  Campus  Martins,  where  the  formula  census 
which  stated  the  principles  to  be  followed  in  making  the 
assessment  and  the  lists  was  announced.  Those  summoned 
were  omnes  Quirites,  \equites'\  pcdites,  armati  privatiquc, 
curatorcs  om?iium  trilmu7?i,  si  quis  pro  se  sive  pro  altera 
ratiojietn  dare  volet  (Varro,  L.  L.  VL  86).  It  will  be  noted 
that  those  who  were  exempt  from  military  service  on  the 
score  of  age  or  ph}'^ical  disability,  as  well  as  those  who 
were  subject  to  it,  were  required  to  present  themselves. 
Boys  who  were  not  under  the  patria  potestas  and  women 
who  were  not  under  the  legal  control  of  either  father  or 
husband  were  required  to  a])pear,  and  were  registered  in  a 
special  list.  Those  who  failed  to  be  registered,  the  incensi, 
were  liable  to  the  loss  of  personal  freedom  and  property, 
but  in  the  later  period  the  assessment  of  their  property 
was  made  without  their  assistance,  and  they  escaped 
the  penalty.  The  censors  were  assisted  by  the  curatores 
tribuicm,  or  administrative  representatives  of  the  several 
tribes,  and  by  a  concilmm  made  up  of  officials  and  expert 
advisers. 

210.  The  Census  and  the  Nota.  Every  citizen  was 
required  to  give  his  name,  age,  domicile,  the  name  of  his 
father  or  former  owner,  his  tribe,  his  family  circumstances, 
the  number  of  years  of  military  service  which  he  had  ren- 
dered, and  the  amount  of  his  taxable  property.  On  the 
basis  of  the  information  thus  obtained  the  censors  deter- 
mined the  taxes  and  drew  up  the  lists  of  citizens  according 
to  tribes,  classes,  and  centuries.     The  basis  of  classification 


THE    CENSOR  I93 

is  discussed  elsewhere  (pp.  250-251).     Law  or  custom  had 
laid   upon   them,   in    the    performance '  of  this    duty,   the 
obligation  of  inquiring  into  the  manner  of  life  {jnores)  of  Liv.  4.  8.  2; 
every  citizen,   and   in   particular  of  finding  out   the  way   de  Legg.  -^V 
in  which  each  one  had  performed  his  duty  to  the  state. 
The  commission   of  a  crime   like  theft,   an  objectionable   Geli.  4. 20. 6; 
mode  of  life,  cowardice  in   the   presence  of  the   enemy,   cVc.  de'Re 
malfeasance  in  office,  and  similar  matters  might  lead  the   Pubi.  4. 10; 

'  °  de  Or.  2. 272. 

censors  to  assign  a  citizen  to  a  large  tribe  {tribu  movere) 
and  thus  diminish  the  value  of  his  vote,  or  to  deprive 
him  of  his  centuriate  vote  (^i?iter  aerarios  referre),  to  take 
from  a  knight  his  horse  (adimere  equimi),  or  to  remove  a 
name  from  the  Hst  of  senators  (senatu  movere).  The  inflic- 
tion of  this  punishment  was  indicated  by  placing  a  nota 
after  a  citizen's  name  in  the  list.  The  effect  of  the  punish- 
ment lasted  until  a  new  census  was  made.  It  was  within 
the  censor's  power  also  to  issue  proclamations  forbidding 
extravagance  and  scandalous  methods  of  living. 

211.  The  Recognitio  Equitum.  Admission  to  knight- 
hood depended  mainly  on  the  possession  of  a  certain 
amount  of  property.     In  the  late  repubhc  and  early  empire 

the  minimum  required  was  400,000  sesterces.    The  general   Hor.  Epist. 
assessment    of  citizens  in    the    Campus   would,  therefore,    pijn.  n!  h 
enable  the   censor  to  draw  up  the  list  of  knights,  but  in   33-  2P- 
the  case  of  the  equites  eqiio  publico  a  special  ceremony 
took  place  in  the  forum.     Each  knight  whose  equipment 
was  furnished  by  the  state  was  required  to  bring  his  horse 
for  inspection  by  the  censors.     If  the  state  of  his  equip- 
ment and  his  previous  record  were  satisfactory,  he  received 
the  order,  traduc  equum  ;  otherwise,  vende  equuin.    Rewards   Liv.  29.  37, 
for  distinguished  service  were  also  granted  at  this  time.  ^'°' 

212.  The  Lectio  Senatus.  The  duty  of  revising  the 
list  of  senators  was  assigned  to  the  censor  by  the  Ovinian 


194  REPUBLICAN    PERIOD:    DESCRIPTIVE 

law  (cf.  pp.  46  f.)  toward  the  close  of  the  fourth  century,  and 
contributed  largely  to  the  importance  of  that  magistrate's 
office.  He  enjoyed,  and,  during  the  period  of  the  censor- 
ship's greatest  influence,  exercised  freely  the  right  to  drop 
men  from  the  senate  and  to  fill  vacancies.  The  reform  of 
Sulla  took  this  power  from  him  (p.  105),  and,  even  after 
the  repeal  of  a  large  part  of  Sulla's  legislation,  the  censor 
did  not  regain  the  right  to  add  names  to  the  list  of  sena- 
tors.    He  recovered,  however,  the  power  of  removal. 

213.  Management  of  Public  Finances.  To  the  censor 
fell  the  collection  of  revenue  {j'cctigalid)  and  the  expendi- 
ture of  public  moneys  {icltro  tributa).  The  most  important 
matters  under  the  first  head  consisted  in  farming  out  the 
taxes  to  the  highest  bidder  {maximis  J>retiis),  in  selling 
or  renting  public  land,  and  in  granting  for  a  fixed  sum 
certain  privileges  controlled  by  the  state.  The  most  im- 
portant expenditure  which  came  under  the  control  of  the 
censor  was  that  entailed  by  the  construction  or  repair  of 
public  buildings,  roads,  bridges,  and  aqueducts.  The  range 
of  his  duties  in  this  respect,  however,  did  not  often  extend 
beyond  Rome  and  the  Italian  roads.  The  work  was  com- 
monly done  by  contractors  {conductores) ,  and  paid  for  out 
of  funds  placed  at  the  disposal  of  the  censors  by  the  senate. 
A  record  of  the  contracts  made  by  them  (Jeges  censoriae) 
was  kept  in  the  aerariiivi.  Questions  of  taxation  at  issue 
between  the  state  and  individual  citizens,  and  matters  in 
dispute  between  the  state  and  publicani  or  conductores, 
were  submitted  to  the  censor  for  settlement  (cf.  p.  163), 
and  this  phase  of  his  official  duties  must  have  been  very 
important. 

214.  Completion  of  the  Lustrum.  The  conclusion  of 
the  census  was  marked  by  a  sacrificiiim  histrale,  or  offering 
of  a  boar,  a  ram,  and  a  bull  {suovctaurilid),  in  the  Campus. 


THE   CENSOR  I95 

After  that  the  censor  led  the  assembled  army  to  the  city 
gate,  dismissed  it,  drove  a  nail  in  the  wall  of  a  certain 
temple,  deposited  the  list  of  citizens  in  the  aerarium, 
and  laid  down  his  office.  Unfinished  business,  and  new 
business  which  might  arise  before  new  censors  were  chosen, 
were  managed  by  the  consuls,  aediles,  and  quaestors. 

215.  Census  outside  of  Rome.  By  the  lex  Julia  iniini- 
cipalis  (cf.  11.  I,  42  ff.)  of  *the  year  45,  arrangements  were 
made  for  taking  the  census  in  the  nmnicipia  throughout 
Italy,  and  for  reporting  the  results  at  Rome  sixty  days 
before  the  completion  of  the  Roman  census. 

216.  Decline  of  the  Censorship.  The  reasons  for  the 
decline  and  disappearance  of  the  censorship  are  not  far  to 
seek.  With  the  rapid  increase  of  the  population,  and  of 
the  financial  interests  of  the  state,  the  censors  were  unable 
to  perform  within  the  specified  time  the  duty  assigned  to 
them.     Toward  the  close  of  the  second  century,  and  in  the 

early  part  of  the  first  century,  their  work  was  either  left   Herz.  1.796  f 
undone  or  done  in  an   unsatisfactory  manner.      Further- 
more, the    method  which   Sulla  introduced  of  filling  the 
senate  (cf.  p.  105),  robbed  the  censor  of  one  of  his  most 
important  duties.     In  fact,  there  were  no  censors  between 
80  and   70.     A    third    agency  which    contributed    to    the 
downfall  of  the  censorship  was  the  fact  that  with  the  growth 
of  the  city  the  censors  were  unable  to  maintain  their  con- 
trol over  the  morals  of  the  community,  and  that  to  make 
matters   worse    the    nota   came   to  be   used  as  a  political 
weapon,  so  that  the  right  to  affix  it  was  curtailed  by  law  Ascon.,  p.  9, 
in   58.     Although   the   law  was  repealed   six   years   later,   pro  Sest.^55'^ 
this    function   of  the    censor's   office    never   regained    its 
significance. 


196  REPUBLICAN    PERIOD:    DESCRIPTIVE 

(f)  The  Tribune 

217.  Election,  Number,  Insignia,  Assistants.  The  trib- 
une never  became  a  magistrate  in  the  strict  sense  of  the 
word  (cf.  p.  151),  but,  inasmuch  as  his  functions  in  the 
later  years  of  the  repubHc  closely  resembled  those  of  a 
magistrate,  the  office  may  be  conveniently  discussed  at 
this  point.  The  law  always  required  a  candidate  for  the 
tribunate  to  be  a  plebeian.  From  494  to  47 1,  tribunes  were 
probably  elected  in  a  plebeian  curiate  assembly  (cf.  p.  29). 
After  the  latter  date  they  were  chosen  in  the  plebeian 
tribal  assembly,  presided  over  by  a  tribune.     The  number 

Herz.  1. 152,     of  tribunes  at  the  outset  is  uncertain.     Perhaps  there  were 

"■  ^'  five,  one  representing  each  class.     In  45  7  the  number  was 

increased  to  ten,  and  this  continued  afterwards  to  be  the 
size  of  the  college.  The  tribunes  had  no  insignia  of  office. 
In  fact,  the  democratic  character  of  the  position  was  in- 

Liv.  42.  33. 1,  dicated  by  the  simple  subsellia  on  which  they  sat  when 
perforaiing  their  official  duties.  At  the  outset  the  plebeian 
aediles  served  as  their  assistants,  but,  as  the  importance  and 
also  the  duties  of  the  aedile  increased,  the  two  offices  drew 

Liv.  2. 56. 13.  apart,  and  viatores  were  assigned  to  the  tribune  to  help 
him  in  the  performance  of  his  duties. 

218.  Fundamental  Power  of  the  Tribune.  The  tribunate 
was  established  for  one  specific  purpose,  viz.,  to  protect  the 
individual  citizen,  and  especially  the  plebeian,  from  arbitrary 
action  on  the  part  of  a  magistrate.  His  effective  exercise 
of  this  right  was  assured  to  him  by  two  things.     In  the 

Gell.  13.12.9;  first  place,  he  could  infiict   punishment,  even  the  punish- 

47^  p?ut.  Ti.  ment  of  death,  on  the  magistrate  who  persisted  in  taking 

^'"'  '°-  a  step  which  he  had  forl)idden.     In  the  second  place,  he 

Val.  Max.  himself  was  sacrosanct,  and  any  one  could  be  put  to  death 

9'  5-  ^-  with  impunity,  and  without  process  of  law,  who  violated 


THE   TRIBUNE  1 97 

the  sanctity  of  his  person.     The  jjrohibition  of  the  tribune 

must,  however,  be  deHvered  in  person,  and  at  the  moment   Gell.  13. 12. 6. 

when  the  contemplated  action  was  being  taken.    This  fact 

accounts  for  the  early  increase  of  the  number  to  ten,  and   Liv.  3.  30.  7. 

for  the  establishment  of  the  tradition  that  the  tribune  must 

not  be  absent  from  home  for  a  night,  and  must  leave  his 

door  open.     The  principle  underlying  these  arrangements 

explains  also  why  the  action  forbidden  by  the  tribune  could 

be  taken  later,  and  become  valid,  unless  again  vetoed  by 

him.      This  power  (^tus  auxilii)  could  be  exercised  only 

inside  the  first  milestone.     Even  the  ins  ciun  plebe  agendi 

was  possessed  by  the  tribune  before  449  only  to  the  extent 

of  convoking  the  plebs  to  elect  his  successor. 

219.  Why  the  Tribune's  Power  increased.  Three  fac- 
tors united  to  bring  about  a  rapid  and  far-reaching  devel- 
opment of  the  tribune's  j^owers.  One  of  these  was  the 
political  tendency  during  the  early  centuries  of  repub- 
lican history.  The  other  two  were  the  inviolability  of  the 
tribune's  person,  and  his  power  of  inflicting  jjunishment. 
From  the  establishment  of  the  republic  down  to  the  middle 
of  the  fourth  century  there  was  a  steady  movement  toward 
the  equalization  of  the  political  rights  of  the  plebeians  and 
patricians.  The  tribunes  were  the  natural  leaders  of  the 
plebeians  in  this  movement,  and  an  increase  in  their 
powers  was  a  natural  concomitant  of  the  growth  of  the 
political  rights  of  the  plebeians.  However,  without  the 
protection  which  was  given  him  by  the  sacrosanct  charac- 
ter of  his  person,  and  by  his  right  to  impose  an  immediate 
penalty,  he  would  have  found  it  well-nigh  impossible  to 
make  good  his  claims  to  new  power  or  to  overthrow  the 
existing  order  of  things.  With  these  powers  he  was  almost 
invincible.  No  system  of  government  could  permanently 
resist  the   ins   auxilii,  safeguarded  as   it   was   by   the    two 


198  REPUBLICAN    PERIOD:    DESCRIPTIVE 

privileges  just  mentioned.  It  is  not  easy  to  follow  in  the 
traditional  account  the  development  of  the  tribune's 
authority,  but  its  course  can  be  inferred  with  a  high 
degree  of  probability. 

220.  Powers  of  the  Latest  Tribunate.  In  the  later 
years  of  the  republic  these  powers  in  the  main  were  :  (i) 
the  ius  aiixilii,  extended  into  the  ins  intercedendi ;  (2)  the 
ius  coercitionis,  with  the  complementary  right  of  conducting 
criminal  trials;  (3)  the  ius  cinn  plebe  agcndi ;  (4)  the  itis 
cum  pat  rib  us  age?idi ;  and  (5)  certain  general  administrative 
powers. 

221.  The  Intercessio.  The  inter cessio  carried  with  it 
the  right  to  thwart  any  official  act  of  administration.  It 
was  directed  against  the  magistrate  and  not,  like  the  veto 
of  a  president,  governor,  or  mayor,  against  a  measure.  In 
the  case  of  the  senate,  the  tribune  had  the  right  to  impose 
his  veto  on  the  magistrate  at  any  stage  in  the  proceed- 
ings ;  for  instance,  when  a  matter  was  being  laid  before 
the  senate  for  consideration,  when  the  senators  were  asked 
their  opinions,  or  when  the  vote  was  ordered.  In  a  similar 
way,  when  the  comitia  met  for  legislative  or  judicial  pur- 
poses, the  intercessio  was  admissible  at  any  point,  until  the 
decision  of  the  people  had  been  finally  announced.  At 
first  sight  this  extraordinary  power  seems  to  have  little  in 
common  with  the  latio  auxilii,  which  could  only  take  place 
when  a  specific  thing  was  being  done  to  an  individual  by  a 
magistrate,  and  when  that  individual  called  on  the  tribune 
for  help.  The  greater  power  may  well  have  developed  out 
of  the  less,  however,  in  this  way  :  When  the  magistrate 
was  instructed  by  the  senate,  for  instance,  to  adopt  a  cer- 
tain course  affecting  a  large  number  of  citizens,  befor-e  the 
measure  was  carried  into  effect,  the  tribune  may  have 
announced    his    intention    to   protect    any  citizen    against 


THE   TRIBUNE  I99 

whom  the  magistrate  should  try  to  carry  out  the  senate's 
decree.     The  obvious  result  of  such  a  declaration  would  be 
to  make  the  measure  of  no  effect,  and  we  may  well  believe 
that  a  practical  people  like  the  Romans  would  consider  it 
far  better  to  get  the  opinion  of  the  tribune,  when  a  measure 
was  under  consideration,   and   to   secure   his  approval,  if 
possible,  than  to  run  the  risk  of  passing  an  ineffective  law. 
Furthermore,  peaceable  opposition  to  a  bill  under  discus- 
sion was  preferable  to  forcible  opposition  to  an  enacted  law 
(cf.  p.  38).     The  intercessio  of  the  tribune  did  not  prevent 
a  magistrate  from  submitting  a  measure  a  second  time  to 
the  senate  or  comitia,  however,  and  if  the  tribune  inter- 
posed no  objection  on  the  second  occasion  the  bill  became 
a  law.     The  tribune  could  exercise  a  modified  form  of  his 
veto,  however,  by  asking  for  a  night  to  consider  the  mat- 
ter, instead  of  definitively  prohibiting  it.     Occasionally  the 
senate  sought   to  prevent  a  tribune   from  interposing  his 
veto  by  incorporating  in  a  proposed  measure  a  statement 
that  if  any  tribune  vetoed  it  he  would  be  acting  contra  re7n   cic.  ad  Fam. 
publicam,  but  this  device  does  not  seem  to  have  been  of    '   '   " 
much  avail.     The  tribunician  veto  against  a  measure  deal- 
ing with  the  consular  provinces  was  not  admissible  (unless   cic.  de  Prov. 
this  restriction  was  removed  in  52),  nor  could  the  tribune     '^"s- ^7- 
prevent  the  election  of  a  magistrate.     It  is  not  clear  what 
restrictions  Sulla  laid  on  the  veto  power  of  the  tribune,   cic.de  Legg. 
but    they  do   not   seem    to    have   been    of  a   permanent  ^  ^^ '  ^^^^^^ . 
character.  i-  7-  3- 

222.    Criminal  Jurisdiction  of  the  Tribune.     As  we  have 
already  noticed,   the   lex  sacrata   of  494   empowered   the 
tribune  to  punish  the  magistrate  who  persisted  in  a  course 
which  he  had  forbidden,  or  who  violated  the  sanctity  of  Cic.  pro 
his  person.     This    power  was    given   to  him   because    he      "  '  ^'^' 
represented  in  his  person  the  rights  of  the  plebeians.     It 


200  REPUIJLICAN    PI<:RIUD:    DESCRIPTIVE 

was  exercised  by  him  when  the  magistrate  had  transgressed 
in  a  specific  case ;  but  the  whole  policy  of  a  magistrate 
might  be  prejudicial  to  the  interests  of  the  plebeians,  and 
it  was  a  natural  development  of  the  tribune's  power  to  hold 
such  a  magistrate  responsible  for  his  conduct.  A  summary 
punishment  inflicted  by  the  tribune  in  such  a  case  would 
hardly  be  appropriate,  and,  furthermore,  the  objectionable 
acts  might  have  been  committed  away  from  Rome,  or 
some  time  before.  The  practice,  therefore,  grew  up  of 
allowing  the  tribune  to  prosecute  such  offending  magistrates 
before  the  plebeian  assembly.  But  conduct  prejudicial  to 
the  best  interests  of  the  plebeians  was  prejudicial  to  the 
whole  state,  for  the  patricians  in  the  later  period  constituted 
an  element  numerically  almost  negligible  in  the  community  ; 
or,  to  put  it  in  another  way,  the  community  was  practically 
a  plebeian  community,  and  offenses  against  the  state  could, 
without  a  serious  violation  of  equity,  be  tried  before  the 
plebeian  assembly.  In  this  way  the  tribune  became  a 
public  prosecutor,  and  the  concilium  plebis  developed  into 
a  court  for  the  trial  of  magistrates  accused  of  such  offenses 
as  cowardice,  appropriation  of  public  funds,  or  illegal  reten- 
tion of  oiifice.  This  method  of  judicial  procedure  was 
gradually  given  up  after  the  establishment  of  the  guaestiones 
perpetiiae. 

223.  The  lus  cum  Plebe  Agendi.  Down  to  449  the  con- 
cilium plebis  met  to  elect  tribunes  and  aediles,  and  perhaps 
also  to  adopt  resolutions.  The  Valerio-Horatian  laws  of 
the  year  mentioned  gave  it  the  power  to  legislate  for  the 
whole  community  under  certain  conditions,  and  the  legis- 
lation of  339  and  287  removed  even  these  restrictions 
(pp.  49  ff.).  Some  of  the  effects  of  these  changes  on  the 
tribune's  position  have  already  been  noted  (p.  45).  Sulla 
limited  the  legislative  competence  of  the  tribune  by  making 


THE    TRIBUNE  20I 

the  preliminary  approval  of  the  patrician  members  of  the  Appian,  B.  C. 
senate  necessary  to  secure  the  validity  of  a  plebiscitum,  Ep^.^9'7 ;  Caes. 
but  this  restriction  was  removed  in  the  year  70.  S'*^',''^' 

J  '  lac.  Ann. 

224.  The  lus  cum  Patribus  Agendi.     In  the  early  period   3-  27- 
of  the  tribunate,  the  tribunes,  as  classical  writers  tell  us,  sat 
outside  the  doors  of  the  senate  and  waited  for  the  passage   Val.  Max. 
of  bills  by  that  body.    The  circumstances  under  which  they  ^'  ^'  ^' 
were  admitted    to  the  senate-house  and   allowed  to  state 

their  objections  there  have  already  been  noticed  (p.  ■T)^~). 

This  change  would  not  have  required  the  passage  of  a  law. 

The  right  which  the  tribune  acquired,  perhaps  in  connection 

with  the  passage  of  the   Hortensian  law,  to  convoke  the   Cic.de  Legg. 

senate  and  lay  matters  before  it  for  consideration,  was  also  ad'pam 

a  sign  of  the  rapp7-ocheinent  between  the  tribune  and  the    '°-  ^S-  2. 

senate.     The  Hortensian  law  took  the  coiiciliinn  plebis  out 

from  under  the  control  of  the  senate,  but  the  senate  may 

well  have  hoped   that,  by  allowing  the   tribune   to  bring   Herz.  I. 

matters  directly  before  it,  he  would  be  led  to  subi;nit  bills   ^^^  ^" 

to  it  for  its  consideration   before  presenting  theifi  to  the 

plebeian  assembly  for  action.  ,-- 

225.  Administrative  Duties.  Occasionally  matters  of  an 
administrative  character,  like  the  dedication  of  a  temple, 
or  the  supervision  of  the  coinage,  fell  to  the  charge  of 
the  tribune,  but  duties  of  this  sort  never  assumed  much 
importance  under  the  republic. 

226.  The  Tribune  as  a  Political  Leader.  The  part 
which  the  tribune  played  as  a  political  leader  has  been 
noticed  here  and  there  in  the  historical  part  of  this  book. 
A  simple  solution  of  the  question  at  issue  between  the 
plebeians  and  patricians  in  494  could  have  been  secured 
by  giving  the  plebeians  full  political  rights,  but  the  patri- 
cians were  not  willing  to  grant  them,  and  the  plebeians 
were  not  strong  enough  to  force  them  to  take  that  step. 


202  REPUBLICAN    PERIOD:    DESCRIPTIVE 

In  the  period  from  494  to  337  the  plebeians  gained  their 
object,  however,  under  the  leadership  of  the  tribune,  and 
the  tribunate  of  the  first  150  years  finds  its  real  political 
significance  in  the  achievement  of  this  result.  In  the 
second  period,  after  337,  when  the  plebeians  had  at  last 
gained  admission  to  every  magistracy,  the  tribune  is  prac- 
tically no  longer  a  representative  of  a  class,  but  he  stands 
for  the  rights  of  the  individual  over  against  the  rights,  or 
claims,  of  the  community  or  of  the  state. 

(g)  T7ic  Acdile  {Plebeian  and  Ctirtde) 

227.  Relations  of  the  two  Colleges.  These  two  colleges 
of  officials  may  proi)erly  be  considered  together,  and  under 
the  head  of  the  magistracies,  for,  although  the  plebeian 
aediles  were  not  technically  magistrates,  their  duties  came 
to  be  essentially  the  same  as  those  of  the  curule  aediles, 
who  were  magistrates,  and  the  two  colleges  are  closely 
allied  to  one  another  historically. 

228.  The  Early  Plebeian  Aedileship.  The  plebeian 
aediles,  whose  office  dates  back  to  the  beginning  of  the 
republic  (cf.  p.  28),  were  two  in  number,  and  were  always 
elected  by  the  concUium  pkbis.  Only  plebeians  were 
eligible  to  the  office,  and,  like  the  tribunes,  they  were 
sacrosanct.  Their  main  business  consisted  in  helping  the 
tribunes  in  the  performance  of  their  duties,  and  in  preserv- 
ing plebiscites  and  decrees  of  the  senate  in  the  temj^le 
of  Ceres.  From  the  outset,  as  their  title  aediles  indicates, 
they  seem  to  have  supervised  to  some  extent  the  construc- 

.  90.   tion  of  ])ublic  buildings.     They  had,  also,  a  limited  criminal 
jurisdiction. 

229.  Development  of  the  Office.  Perhaps  there  is  no 
office  which  in   its  history  better  illustrates   the   practical 


THE   AEDILE  203 

nature  of  the  Romans  and  their  tendency  to  adapt  existing 
institutions  to  new  situations  than  the  aedileship  does,  and 
there  is  no  case  in  which  the  successive  steps  by  which 
this  adaptation  took  place  are  shown  more  clearly.  Fur- 
thermore, the  history  of  the  aedileship  presents  in  a  con- 
crete way  the  process  by  which  the  two  distinct  elements, 
which  originally  made  up  the  Roman  community,  were 
merged  into  one  body.  As  the  city  grew,  the  necessity  for 
a  more  efficient  police  service  developed,  and  the  duties 
which  the  aediles  performed  in  assisting  the  tribunes  made 
it  natural  to  employ  them  in  this  service.  As  early  as  the 
middle  of  the  fifth  century  they  were  apparently  called  on 
to  protect  the  city  in  moments  of  danger,  and  to  see  that  Liv.  3.  6.  9. 
grain  was  sold  at  a  low  price.  Duties  of  this  sort  affected 
patricians  as  well  as  plebeians. 

230.  Establishment  of  the  Curule  Aedileship.  At  the 
same  time  their  connection  with  the  tribune's  office  became 
looser,  and  viatores  were  appointed  in  their  stead  to  assist 
the  tribunes  (cf.  p.  196).  In  fact,  they  were  rapidly 
acquiring  the  positive  functions  of  magistrates.  Yet  the 
patricians  had  no  voice  in  their  election,  although  their 
power  extended  over  the  patricians.  It  was  under  these 
circumstances  that  the  curule  aedileship  was  established 
in  366  (cf.  p,  42),  as  an  offset  to  the  plebeian  aedileship ; 
for  patricians  only  were  eligible  to  the  new  office.  These 
modifications  in  the  character  of  the  aedileship  evidently 
had  their  origin,  partly  in  a  tendency  to  assimilate  the 
plebs  to  the  rest  of  the  people,  by  eliminating  the  dis- 
tinctive character  of  their  representatives,  and  partly  in 
the  need  of  officials  for  the  performance  of  new  duties. 

231.  Differences  between  the  two  Colleges.  The  curule 
and  plebeian  aedileships  were  at  first  very  different  from 
one  another  in  respect  of  technical  character  and  official 


204  REPUBLICAN    PERIOD:    DESCRIPTIVE 

dignity.  The  curule  aediles  were  elected  by  the  popuhis 
meeting  in  the  awiitia  tributa  under  the  presidency  of  a 
magistrate.  They  acciuired  the  right  to  a  seat  in  the  senate, 
after  the  passage  of  the  Ovinian  law  (pp.  46  ff.).  They  had 
the  ius  imaghuwi,  and  on  formal  occasions  wore  the  toga 
praetexta  and  sat  in  the  curule  chair.  From  this  last  hiark 
of.office  they  derived  the  distingviishing  part  of  their  tide. 
The  plebeian  aediles,  on  the  other  hand,  were  elected  by 

II.         the  concilium  plebis  under   the   presidency  of  a  plebeian 

'■  official,  and  lacked  all  of  the  distinguishing  marks  of  office 
just  mentioned.  The  exclusive  right  of  the  patricians  to 
the  curule  aedileship  was  given  up  in  a  very  few  years  after 
the  establishment  of  the  office,  and  the  two  positions  in  the 

1.6.  college  were  filled  by  plebeians  in  alternate  years.  The 
two  colleges  were  also  brought  nearer  together  by  the 
relinquishment  on  the  part  of  the  plebeian  aediles  of  their 

II.         sacrosanct  character,  and  by  their  acquisition  in  course  of 

^'         time  of  a  right  to  a  seat  in  the  senate. 

232.  Powers  of  the  Aedile.  The  members  of  the  two 
colleges  had  essentially  the  same  powers.  They  had  the 
supervision  of  public  places  {cura  urbis)  ;  they  had  charge 
of  the  corn  supply  and  of  commercial  transactions  {cura 
annonae)  ;  they  superintended  the  public  games  ;  and  they 
had  certain  judicial  powers. 

233.  The  Cura  Urbis.  The  cura  urbis  was  a  natural 
outgrowth  of  the  police  functions  which  the  aediles  had 
first  exercised  as  assistants  of  the  tribunes.  They  had 
charge  especially  of  the  streets,  baths,  temples,  and  other 
l)ublic  works.  It  was  their  duty,  for  instance,  to  see 
that  order  was  preserved  in  public  places,  and  that  the 
regulations  governing  obstruction  of  the  streets  and  the 
cleaning  of  them  were  observed.  The  construction  of 
public  works  was  in  charge  of  the  censor  or  consul,  but 


THE    AEDILE  20$ 

when  they  were  completed  the  aedile  assumed  the  respon- 
sibility of  keeping  them  in  repair.  Being  charged  with  the 
maintenance  of  order  in  public  places,  and  having  a  super- 
vision over  the  public  games,  as  we  shall  presently  see,  it 
was  very  natural  that  they  should  be  held  responsible  for 
the  maintenance  of  good  order,  when  public  gatherings  of  a 
secular  or  religious  character,  such  as  contiones,  processions, 
or  games,  were  held. 

234.  The  Cura  Annonae.     One  of  the  most  important 

of  their  duties  consisted  in  supplying  the  city  with  grain.    Liv.  10. 11. 9; 
After  the  acquisition  of  rich  provinces  to  the  south  and  east,   !o!  26.  6.' 
and  when  agriculture  in  Italy  had  declined,  this  function 
was  a  matter  of  great  moment,  and  increased  steadily  in 
importance  as  the  city  grew.     Since  it  was  their  primary 
purpose  to  have  food  sold  at  a  low  price,  the  aediles  had  the 
right  to  carry  out  the  laws  which  fixed  the  price  of  grain, 
to  inspect  weights  and  measures,  and  to  exercise  a  general   C.  I.  L.  X. 
supervision  of  mercantile  transactions,  especially  of  the  sale    pers!  i.'i3o. 
of  articles  of  food.     In  the  performance  of  these  duties 
they  exercised  judicial  power,  and  issued  edicts  with  ref- 
erence to  matters  coming  under  their  administrative  super- 
vision.    In  this  way  they  developed  a  code  of  commercial 
law,   largely   through   the    influence    of   the  praetor  pere- 
griniis,  who,  in  the  adjudication  of  cases  coming  before 
him,  necessarily  considered  the  laws  of  other  commercial 
peoples. 

235.  The  Cura  Ludorum.     The  ludi  pkbeii  were,  per-   Liv.  23. 30. 17 
haps   from   the   first,   in   charge   of  the    plebeian   aediles. 

These  officials  also  assisted  the  magistrates  in  the  general 
public  celebrations.  Out  of  these  two  facts  naturally  de- 
veloped the  practice  of  giving  the  aediles  supervision  of  any 
newly  established  games,  so  that  in  Cicero's  time,  for  instance, 
the  curule  aediles  were  in  charge  of  the  ludi  Romani,  the 


206  REPUBLICAN    PERIOD:    DESCRIPTIVE 

Floralia,  and  the  Megaknsia,  while  the  plebeian  aediles 
conducted  the  ludi  pleheii  and   the   Ceriales. 

236.  Judicial  Functions.  The  power  of  the  aedile  to 
act  as  a  public  prosecutor,  and  to  summon  those  who 
were  charged  with  usury  and  certain  other  offenses  before 
the  comitia  tributa,  was  never  of  great  importance,  and  lost 
its  significance  in  large  measure  after  the  establishment  of 
the  quacstiones  perpctuae. 

237.  Limits  of  Jurisdiction  and  Division  of  Duties.  The 
duties  of  the  aediles  were  evidently  of  an  urban  character. 
Furthemiore,  the  historical  relation  which  the  plebeian 
aedile  bore  to  the  tribime  naturally  limited  the  former 
official  too  in  the  exercise  of  his  power  to  the  space  within 
the  poinocrhim.  To  this  restriction  the  curule  aediles  also 
conformed.  As  for  the  division  of  duties  between  the 
two  colleges,  so  far  as  concerns  police  supervision,  it  was 
local.  The  city  was  divided  into  four  quarters,  and  each 
one  of  these  quarters  was  placed  under  the  control  of  an 
aedile.  In  other  matters  the  assignment  of  duties  was 
determined  by  tradition  or  convenience.  Each  of  the 
four  aediles  had  the  right  of  veto  against  his  colleague  in 
the  same  college,  but  not  over  a  member  of  the  other 
college. 

(A)   Tlie  Quaestor 

238.  History  of  the  Quaestorship.  As  we  have  already 
seen  {^.  16),  there  were  quaestorcs  parricidii  under  the 
monarchy.  Some  light  is  thrown  on  the  nature  of  their 
duties  by  the  definition  which  Festus  gives  of  parrichia. 
He  remarks,  7iam  parricida  iion  iitiqiie  is,  qui  parciitrm 
occidisset,  dicebatur,  sed  qualcmciimqiic  /lomhu'vi  indcmua- 
tum.  The  office  continued  in  the  republican  period,  but 
underwent  an  important  change  in  its  character.     Beginning 


THE    QUAESTOR  20/ 

with  the  establishment  of  the  repubhc,  the  quaestor  is 
not  only  the  representative  of  the  state  in  criminal  cases  of 
a  non-poUtical  character,  but  he  becomes  the  keeper  of  the 
state  funds.  Under  the  monarchy  the  incumbents  of  the 
office  were  appointed  by  the  king,  and  the  right  of  appoint- 
ment was  inherited  by  the  consul,  and  exercised  by  him 
until  447,  when  the  office  was  made  elective,  and  its 
incumbents  were  chosen  in  the  comitia  tributa  (p.  33). 
Perhaps  this  change  in  the  method  of  choosing  the  quaes- 
tors came  about  in  the  following  way  :  One  of  the  most 
important  duties  of  the  quaestor  must  have  consisted  in 
conducting  cases  of  appeal  before  the  popular  assembly. 
As  long  as  the  quaestor  was  appointed,  he  acted,  not  by 
virtue  of  the  power  vested  in  his  own  office,  but  solely  as 
the  representative  of  the  chief-magistrate.  The  establish- 
ment, however,  of  the  right  of  appeal  made  the  quaestorship 
a  necessary  part  of  a  judicial  system  which  was  entirely 
independent  of  the  chief-magistrate.  It  was  natural,  there- 
fore, that  the  office  should  become  independent,  that  is, 
that  it  should  be  made  elective.  The  ancient  historians 
have  very  little  to  say  about  the  judicial  functions  of  the 
quaestors  under  the  republic.  They  must  still,  however, 
have  performed  the  duties  mentioned  above,  until,  with 
the  establishment  of  the  quaestio?ies  perpetiiae,  such  matters 
passed  altogether  out  of  their  hands.  The  increase  in  the 
number  of  the  quaestors,  to  four  in  421,  to  eight  in  267 
(p.  72),  to  twenty  under  Sulla  (p,  105),  and  to  forty  in  the 
year  45  (p.  137),  involved  no  essential  change  in  the  char- 
acter of  the  office.  The  size  of  the  college  was  increased  to 
provide  for  the  provinces  and  for  the  financial  administra- 
tion of  Italy,  and  the  functions  of  the  office  may  be  con- 
veniently considered  from  the  point  of  view  of  the  quaestores 
urbani,  the  quaestores  tnilitares,  and  the  Italian  quaestors. 


208  RErUBLICAN    PERIOD:    DESCRIPTIVE 

239.  The  Quaestores  Urbani.  The  two  principal  duties 
of  the  quaestores  urbaiii  have  already  been  mentioned.  vSo 
little  information  can  be  had  from  the  ancient  sources  with 
reference  to  the  quaestor's  exercise  of  criminal  jurisdiction, 
that  it  is  impossible  to  find  out  exactly  what  his  functions 
were  in  this  respect,  or  to  determine  his  relation  to  certain 
other  ofificials,  such  as  the  II  vifi perdu ellionis.  His  finan- 
cial duties  are  better  known.     He  received  all  money  due 

c.  ad  Fam.  to  the  State,  kept  an  account  of  the  condition  of  the  state 
acTO,'44-"  treasury,  and  made  such  payments  from  the  public  funds 
V- 33- 42- 4;  as  he  was  empowered  to  make  by  special  law  or  by  the 
proper  magistrate.  He  represented  the  state,  too,  in  the 
V.  4.  15. 8.  smaller  matters  involved  in  the  execution  of  contracts. 
The  care  of  the  public  records  was  also  intrusted  to  him. 
In  this  last  matter  the  duties  of  the  cjuaestor  and  of 
th^  plebeian  aedile  were  similar  (cf.  p.  202),  except  that 
the  aediles  took  charge  of  certain  documents  only,  while  the 
quaestor  kept  all  records.  Two  S])ecial  points  of  weak- 
ness in  the  management  of  the  finances  by  the  quaestors 
may  be  noticed.  They  were  simply  receiving  agents  and 
paymasters  for  the  state.  They  had  no  initiative  in  finan- 
cial affairs,  and  could  exercise  their  discretion  in  minor 
matters  only.  Furthermore,  they  held  office  for  a  year 
only,  and  in  so  short  a  time  could  not  make  themselves 
familiar  with  all  the  affairs  of  their  department,  so  that  the 
honesty  with  which  accounts  were  kept  depended  largely 
on  the  integrity  of  their  trained  assistants,  the  scrihae, 
whose  tenure  of  office  was  permanent.  The  records  and 
the  accounts  of  the  quaestor  were  kept  in  the  aerarium 
in  the  temple  of  Saturn. 

240.  The  Quaestores  Militares  and  Provincial  Quaes- 
tors. 'I'he  increase  in  the  number  of  (juaestors  from  two 
to  four,  which  took  i)lace  in  421,  was  to  provide  a  financial 


THE   VIGINTI    SEX    VIRI  209 

officer  for  each  of  the  consuls  when  in  command  of  an 

army.     Money  intended  for  a  campaign  was  delivered  to   Liv.  35. 1. 12; 

them.     They  paid  the  soldiers,  took  charge  of  the  spoils,,   j^'^j  ^lo^^"' 

and  exercised  the  same  general  functions  in  the  field  which   "•  3-  ^n- 

the  quaestor  urbafius  exercised  at  Rome.     This  plan  was 

adopted  for  the  provinces  also,  although,  in  the  case  of  a 

province,  the  quaestor  held  a  somewhat  more  important 

position  than  the  quaestor  militaris  did,  since  he  was  next 

in  rank  to  the  governor,  and  acted  in  his  stead  in  case  of  Cic.  ad  Fam. 

his  absence  or  death.  ^'  '5-  ^■ 

241.  The  Italian  Quaestors.  In  267,  as  we  have  already 
noticed,  four  new  quaestors  were  appointed.  They  were 
apparently  assigned  to  duty  in  Italy,  but  the  nature  of 
their  functions  is  not  perfectly  clear.  Their  principal  duty 
seems  to  have  been  to  look  after  the  financial  interests  of 
the  federal  government  in  Italy.  Their  headquarters  were 
in  Cispadane  Gaul,  perhaps  at  Ariminum,  at  Ostia,  and 
possibly  at  Cales.  It  is  not  known  where  the  fourth  Italian 
quaestor  was  stationed.  The  quaestor  at  Ostia  had  charge  Cic.  pro  Sest. 
of  the  grain  supply.  ^^' 

(i)   The   Viginti  Sex  Viri 

242.  The  XXVI  Viri  in  General.  Although  the  six  col- 
leges of  magistrates  below  the  quaestorship  were  inde- 
pendent of  one  another,  they  formed  a.  single  group,  so 
far  as  the  ordo  7nagistratuuni  was  concerned,  and  were 
known  as  the  XXVI  viri.  This  group  included  the  X  viri 
stlitibus  iudica7idis,  the  IIII praefecti  Capuam  Cumas,  etc., 
the  III  viri  capitales,  the  ///  viri  monetales,  the  ////  viri 
viis  in  urbe  purgafidis,  and  the  II viri  viis  extra  urbeni  pur- 
gandis.  Several,  if  not  all,  of  these  offices  were  appointive, 
when  they  were  first  established,  but  after  a  time  they  all 


2IO  RErUBLICAN    PERIOD:    DESCRIPTIVE 

became    elective.      The    incumbents  were  chosen  in    the 

comitia  tributa.     Besides  the  specific  functions  mentioned 

Cic.  de  Legg.   below,  special  duties  were  often  intrusted   to  the  several 

■7,  (3. 

colleges  by  the  senate.  The  viginti  sex  viri  had  no  insignia 
of  office. 

243.    The  Several  Colleges.     The  oldest  of  these  minor 

magistrates  were  the  X  viri  stlitibiis  iiidicandis.     They  are 

Liv.  3. 55. 7.     mentioned  in  the  lex    Valeria  Horatia,  and,  therefore,  go 

back  to  at  least  the  middle  of  the  fifth  century.     They  are 

spoken  of  in  the  connection  mentioned  as  sacrosanct,  and 

are  associated  with  the  tribunes  and  aediles,  so  that  the 

office  was  probably  established   to  protect   the  plebeians. 

Very  likely  they  passed  on  questions  involving  the  right  to 

citizenship  —  a  matter  in  which    the   plebeians  would   be 

Cic.proCaec.   vitally  interested.     At  least  in  Cicero's  time  questions  of 

97,   e    omo,   ^j^^^  ^^^^  would  seem  to  have  come  before  them.    Probably 

at  first  plebeians  only  were  eligible  to  the  office,  but  in  later 

Liv.  9.  20. 5 ;    days  that  restriction  was  abandoned.    The  praefedi  Capuam 

^  ■  ^  ■  ^  ■        Cumas  were  the  judicial  representatives  of  the  praetor  in 

Campania,  and  at  first  were  probably  appointed  by  him. 

They  took  their  title  from  the  two  principal  points  within 

their  district.     The  college  of  III  viri  capitales  was  estab- 

Liv.  Ep.  II.     Hshed  soon  after  290,  and  appointments  to  it  were  at  first 

made  by  the  praetor,  but,  some  time  within  the  ne.\t  one 

hundred  and  seventy-five  years,  the  office  became  elective. 

These  officials  were  police  magistrates,  whose  duty  it  was, 

Sail.  Cat.  55.   under  the  supervision  of  the  aediles,  to  preserve  order  in 

ciuent^s-      the  city,  to  arrest  criminals,  to  sit  in  judgment  on  them  and 

Geli.  3.  3. 15;   punish  them  if  they  were  strangers  or  slaves,  and  to  obtain 

Liv.  25.  I.  10.    ^  ■'  '^  ' 

evidence  against  persons  under  indictment.  Caesar  in- 
creased the  number  in  this  college  to  four  (p.  137).  Little 
more  is  known  of  the  ///  7.'iri  vionetales  or  ///  viri  aere 
argento  auro  Jlando  feriundo^  as  they  are  sometimes  called,* 


MAGISTRATES    TO    FILL   VACANCIES  2  11 

than  is  indicated  by  their  title.  The  duties  performed  by 
them  were  for  a  long  time  in  charge  of  special  commissions, 
and  the  establishment  of  the  magistracy  comes  at  a  com- 
paratively late  date.  Caesar  added  a  new  member  to  this 
college  (cf.  p.  137).  The  IIII  viri  viis  in  urbe  purgandis  Lex  lul, 
and  the  11  viri  viis  extra  2irbempurga7idis,2,'=>  the  names  of  il"o''^69 
these  offices  indicate,  were  charged  with  the  duty  of  seeing 
that  the  streets  and  roads  were  kept  clean. 

(y)  Magistrates  to  fill  Vacancies 

244.  Delegation  of  the  Imperium.  The  Romans  pro- 
vided for  the  vacancy  which  resulted  from  the  death  or  the 
absence  of  a  magistrate  in  a  variety  of  ways.  No  serious 
difficulties  arose  in  the  case  of  the  lower  magistracies, 
because  of  the  size  of  the  colleges.  In  the  case  of  the 
censorship,  the  duties  of  the  office  during  the  last  three 
and  a  half  years  of  a  lustrum  were  performed  by  the  con- 
sul and  aedile  (p.  195).  Real  difficulty  arose,  however, 
from  the  death  or  the  absence  of  both  consuls  from  the 
city,  from  the  withdrawal  of  a  governor  from  his  province, 
and  from  the  occasional  necessity  of  providing  more  com- 
manding officers  in  the  field  than  the  higher  magistracies 
furnished. 

245.  The  Interrex.  Provision  was  made  to  cover  a 
vacancy  in  the  consulship  by  the  institution  known  as  the 
interregnum.  This  institution  goes  back  to  the  monarchy, 
and  the  functions  of  the  interrex  during  that  period  have 
already  been  noticed  (p.  14).  Under  the  early  republic, 
when  the  armies  were  always  commanded  by  the  consuls, 

the  death   of  both  chief-magistrates    occurred   in    several   Will.  ii.  10- 
instances.     In  such  cases   the   method  of  procedure   was   ^^' 
essentially  the   same  as   that  which   was   followed  on   the 


212  KErURLICAN    PERIOD:    DESCRIPTIVE 

Liv.  1. 17. 5  f.  death  of  the  king,  except  that  under  the  republic  the  new 
chief-magistrates  were  elected  in  the  centuriate  comitia, 
summoned  for  that  purpose  by  the  interrex  and  presided 
over  by  him.  In  fact,  the  interrex  was  appointed  mainly 
to  hold  the  elections,  and  the  interregnum  ceased  as  soon 
as  the  new  consuls  were  chosen.     At  the  same  time,  how- 

st.  R.  i.66of.  ever,  he  was  vested  with  all  the  powers  and  privileges  of 
the  consul,  but,  as  the  term  of  office  of  each  interrex  lasted 

Cic.  ad  Fam.    only  five  days,  it  was  impossible  for  him  to  carry  on  public 

''■  "■  ^'  business  in  an  orderly  way.     The  last  interregnujn  occurred 

in  the  year  53-52. 

246.  Praefectus  Urbi  and  pro  Praetore.  When  both 
consuls  were  obliged  to  leave  the  city,  the  last  to  depart 

Liv.  3.  J.  6 ;      appointed  a  praefectus  urbi  to  represent  him  during  his 
•'■  ^'  ''■  absence.     The  prefect  was  vested  with  all  the  powers  of 

the  consul.  After  366,  however,  the  praetor  urbanus 
became  chief-magistrate  in  case  both  consuls  .were  absent 
from  the  city  (cf.  p.  189),  and  from  that  date  down  to 
Caesar's  time  (cf.  p.  136),  the  city  prefect  was  chosen 
only  at  the  time  of  xh^feriae  Latinac,  when  all  the  regular 
magistrates  were  absent  from  the  city  in  attendance  on  that 
festival.  In  a  somewhat  similar  way,  when  a  consular  gov- 
ernor left  his  province  before  his  successor  arrived,  he  dele- 
Cic.  ad  Fam.  gated  the  intperiutn  to  his  quaestor,  who  governed  the 
^■'^■'^'  province  with  the   title  oi  quaestor  pro  praetore. 

247.  Privati  cum  Imperio.  This  practice  of  conferring 
on  a  lower  magistrate,  or  even  on  a  private  citizen,  the 
powers  and  privileges  of  a  higher  magistracy  was  occa- 
sionally adopted  in  times  of  danger  even  by  the  home 
governnient.  It  amounted  to  a  virtual  increase  in  the 
size  of  the  magisterial  college  affected.  The  individuals 
upon  whom  the  imperiutn  was  conferred  recei\ed  usually 
the  pro-magisterial  title.     Thus  in  211  the  tribunes  were 


MILITARY    OFFICERS   AND    JUDGES  213 

instructed  by  the  senate  to  secure  the  passage  of  a  law   Liv.  26.  2.  5; 

authorizing  the  appointment  of  some  one  as  commanding  ^  ■ '  •  4  • 

officer  in  Spain.     The  law  was  passed,  and  P.  Scipio,  at 

that  time  an  ex-aedile,  was  made  governor  of  the  province 

with  the  title  pro  conside.     In  the  same  year  a  senatus  con- 

sidtutn  conferred  the  imperium  on  all  the  ex-dictators,  ex-   Liv.  26. 10.  9. 

consuls,  and  ex-censors  for  the  defense  of  the  city  against 

Hannibal.      This    practice    was    carried   to  a  still    greater 

length  in  77,  when  Pompey,  who  had  held  no  magistracy   Liv.  Ep.  91; 

at  all,  was  made  commander  of  the  forces  in   Spain  with    i_"  '    °™^' 

the    title  of  proconsul.     The  senatus   cojisultiwi    idtimmn 

and  the  prorogatio  imperii  have  been  mentioned  elsewhere 

(pp.  156,  181),  and  do  not  properly  come  into  consideration 

here. 

{Ji)  Elective  Military  Officers  and  Judges 

248.  Elective  Military  Officers.  There  were  two  colleges 
of  officials,  that  of  the  tribuni  militum  and  of  the  //  viri 
7iavales,  whose  members,  like  the  magistrates,  were  elected 
by  the  people,  but  they  differed  from  the  magistrates  in 
that  they  had  no  civil  functions. 

249.  Tribuni  Militum.  Down  to  362  the  tribimi  mili- 
tum had  been  appointed  by  the  consuls,  but  in  that  year  for 

the  first  time  six  of  them  were  elected  in  the  comitia  tributa.  Liv.  7. 5.  9- 
In  311  the  people  were  allowed  to  elect  sixteen,  and  after  \-?°.(^\. 
207  they  elected  twenty-four.  As  six  were  required  for  a 
legion,  this  last  change  provided  for  the  usual  levy  of  four 
legions.  If  more  than  twenty-four  tribunes  were  needed, 
the  additional  appointments  were  made  by  the  consuls.  It 
is  a  significant  fact  that  the  date  of  the  election  of  the  first 
military  tribunes  coincides  so  nearly  with  the  date  of  the 
Licinian  law.  That  law  put  an  end  to  the  consular  tribu- 
nate by  substituting  the  consulship  for  it.     Now  the  consular 


214  REPUBLICAN    PERIOD:    DESCRIPTIVE 

tribunes  were  merely  military  tribunes  vested  with  political 
power  (p.  184).  The  aboUtion  of  the  consular  tribunate 
meant  a  certain  loss  to  the  democracy.  The  concession 
made  in  362  was,  therefore,  by  way  of  compensation  for 
that  loss.  The  tribunes  elected  by  the  people  were  known 
as  tribuni  militian  a  popiilo.  Their  duties  were  of  a  purely 
military  character,  and  differed  in  nowise  from  those  of  the 
tribunes  appointed  by  the  commanding  officer. 

250.  The  II  Viri  Navales.  The  //  viri  navales  held 
essentially  the  same  position  in  the  fleet  which  the  tribuni 
militutn  held  in  the  army.  The  ofifice  was  at  first  an 
appointive  one,  like  that  of  military  tribune,  but  in  311, 
when  the  number  of  elected  tribunes  was  raised  to  sixteen, 
the  //  viri  fiavales  were  for  the  first  time  chosen  by  the 
people.  They  were  not  elected  annually,  but  as  circum- 
stances required,  since  under  the  republic  there  was  no 
permanent  fleet,  and,  therefore,  naval  commanders  were 
not  always  needed.  The  holding  of  the  election  was 
authorized  by  the  senate.  Nothing  is  heard  of  the  ofifice 
in  the  later  republic. 

251.  Elective  Judges.  Since  the  number  of  praetors 
was  not  large  enough  to  provide  presiding  judges  for  all 
the  quaestioncs  perpetuae,  at  intervals  a  index  giiaestiofiis 
was  chosen  from  the  ex-aediles  by  popular  election.  In 
dignity,  then,  the  ofifice  stood  between  the  aedileship  and 
the  praetorship.  The  index  quaestionis  had  charge  of  the 
quaestio  de  sicariis  et  vcneficis.  The  nature  of  the  cases 
brought  before  this  court  made  the  position  of  its  presiding 
judge  an  important  one.  The  first  mention  of  this  index 
is  in  98,  but  the  epoch  of  greatest  importance  for  the  ofifice 
is  from  Sulla's  dictatorship  down  to  the  time  of  Augustus, 
when  it  disappears.  The  incumbents  of  the  ofifice  had  no 
political  functions. 


EXTRAORDINARY    OFFICIALS  21$ 

(I)  Extraordinary  Officials 

252.  Two  Classes  of  Extraordinary  Officials.  All  the 
magistracies  and  offices  which  have  been  considered  up  to 
this  point  formed  for  a  longer  or  shorter  period  a  regular 
part  of  the  Roman  administrative  system,  but  emergencies 
arose  when  the  regular  officials  did  not  seem  capable  of 
dealing  with  the  situation.  Under  such  circumstances  ex- 
traordinary offices  were  created  by  special  laws,  or  special 
officials  were  chosen  to  carry  out  a  particular  undertak- 
ing. It  may  be  convenient  to  classify  these  extraordinary 
officials  in  two  categories,  according  as  they  were  placed 
under  constitutional  restrictions,  or  were  above  the  con- 
stitution. The  principal  officials  of  the  first  class  were 
the  //  viri  perdiiellionis,  the  commissioners  agris  dandis 
adsignatidis  and  coloniae  deducendae,  the  commissioners 
appointed  to  dedicate  public  buildings,  or  carry  out  some 
financial  undertaking,  and  the  legati.  The  most  celebrated 
officials  coming  under  the  second  head  were  the  X  viri 
consulari  imperio  legibics  scribendis,  the  dictator  legibus 
scribendis  et  rei  piiblicae  constituendae,  and  the  ///  viri  rei 
puhlicae  constituendae. 

253.  The  II  Viri  Perduellionis.  The  college  of  II  viri 
perdueHionis,  which  passed  judgment  on  those  charged  with 
treason,  and  represented  the  state  in  such  cases  before 
the  centuriate  comitia,  if  appeal  was  taken,  has  little  mean- 
ing for  the  republican  period.  There  are  only  two  known  Liv.  6. 20. 12; 
instances  after  509  when  II  viri  perduellionis  were  ap-  perd.^12. 
pointed,  and  in  the  second  case,  that  of  Rabirius  in  63, 

the  institution  was  called  into  life  for  political  purposes 
only.  The  power  attaching  to  the  office  was  too  great  to 
be  granted  to  two  men,  while,  on  the  other  hand,  the  cen- 
turiate comitia,  to  which  appeal   from   their  decision  was 


2l6  Rlil'UBLlCAN    I'ERIOD :    DESCRIPTIVE 

carried,  was  too  unwieldy  a  body  to  settle  judicial  matters. 
The  //  virt  perduellionis,  therefore,  gave  way  to  the 
quacstiones. 

254.  Special  Commissions.  The  duties  of  land  commis- 
sioners consisted  in  di\  idiiig  and  assigning  the  land  chosen 
for  allotments,  and,  in  case  a  colony  was  to  be  established, 
in  drawing  up  a  charter  and  in  providing  for  the  imme- 
diate government  of  the  community.  The  number  of 
members  serving  on  these  commissions  ran  all  the  way 
from  three  to  twenty.  The  commission  exi)ired  when  the 
work  for  which  it  had  been  established  was  finished.  The 
size  of  the  allotments  and  the  methods  and  conditions  of 
assignment  were  fixed  in  the  law  creating  the  commission. 
From  a  very  early  period  the  principle  was  recognized  that 
state  land  could  be  given  away  only  with  the  consent  of 
the  people.  When  a  temple  or  other  public  building  was 
to  be  constructed,  the  power  to  use  public  land  for  the 
purpose  in  question  was  granted  by  law  and  //  viri  aciii 
Iflcaudae  were  chosen.  I'he  dedication  of  a  temple  often 
fell  to  the  lot  of  one  of  the  higher  magistrates,  but  not 
infrequently  the  matter  was  intrusted  to  //  viri  aedi 
liedicandae.  The  execution  of  economic  measures,  espe- 
cially those  of  a  novel  character,  was  sometimes  intrusted 
to  a  commission  rather  than  to  a  magistrate.  A  case  in 
|)oint  was  fiirnished  by  the  V  viri  f/ie/isarii,  or  commission 
appointed  in  351  to  assist  individuals  in  securing  loans 
(cf.  p.  49). 

255.  Legati.  In  its  management  of  foreign  affairs  the 
senate  from  time  to  time  sent  out  legati.  They  were 
appointed  by  the  magistrate  or  commanding  officer  at  the 
instance  of  the  senate.  They  may  be  divided  into  two 
classes  according  to  the  duties  assigned  to  them.  Those 
of  one  class  were  sent  to  independent  states  to  deliver  a 


EXTRAORDINARY    OFFICIALS  2.\^ 

message  from  the  senate  or  to  carry  on  diplomatic  nego- 
tiations.    Legati   of  the    other    class  were   sent    to  assist 
generals  in  the  field.     As  we  have  already  seen   (p.  69), 
campaigns  were  carried  on  under  the  joint  direction  of  the 
senate  and  of  the  officer  commanding   the   forces.      The 
legati  attached   to  the   staff  of  the   general  in   command 
were,  therefore,  the  representatives  of  the  senate,  and,  as 
such,  took  part  in  the  councils  of  war  and  held  important   Liv. 8. 35.  ic; 
commands.     This  right  of  the  senate  to  send  out  commis-     ^'  •^'^' 
sions  was  much  abused  in  the  later  years  of  the  republic. 
The  practice  developed  of  granting  to  senators  a  legatio 
libera^  which  allowed  them  to  travel  through  the  provinces   Cic.  ad  Fam. 
on  their  private  business  and  enjoy  all  the  privileges  and   Flacco',86. 
honors  of  accredited  commissioners.     Midway  between  the 
two  classes  of  legati  which  have  been  mentioned  were  the 
commissioners  sent  out  by  the   senate   to  draw  up,  with 
the  help  of  the  general  in   the   field,   the   lex  provinciae 
(cf.  pp.  89-90)  for  the  people  of  a  newly  acquired  terri- 
tory.    Senatorial  commissions  varied  in  number  from  two   Liv.  29. 1 1.3; 
to  ten.    The  commission  appointed  to  draw  up  a  provincial   yj_  55.'  4.  ' 
constitution  always  numbered  ten.     Members  of  senatorial 
commissions  were  almost  always  senators. 

256.  The  X  Viri  Legibus  Scribendis.  The  cases  in  which 
the  Romans  under  the  repubUc  chose  extraordinary  officials 
to  revise  the  fundamental  law  of  the  state,  and  released 
them  from  restrictions  ordinarily  laid  on  magistrates,  are 
few  in  number.  The  decemvirate  of  451  (cf.  pp.  30  f.)  is, 
however,  an  instance  in  point.  That  commission  was 
chosen  to  revise,  or  codify,  and  to  publish  the  law  of  the 
land.  Its  members  were  elected  in  the  popular  assembly, 
and,  like  other  magistrates,  they  were  liable  to  a  veto  from 
other  members  of  the  college.  On  the  other  hand,  they 
were  not  subject    to   the   tribunician   veto.      In   fact,  the 


2l8  REPUBLICAN    PERIOD:    DESCRIPTIVE 

tribunate  was  suspended  or  abolished  for  the  time.  The 
Liv.  3.  32.  6.     term  of  office  for  the  first  decemviral  college  was  a  year. 

The  second  was  apparently  to  continue  in  office  until  its 
Liv.  3. 55. 5 ;  task  was  complete.  The  Valerio-Horatian  law  of  appeal 
Publ.  2. 54.      forbade   the    establishment    of  such    a   magistracy  in   the 

future. 

257.  The  Later  Dictatorship.  Some  of  the  points  of 
difference  between  the  dictatorship  of  Sulla  and  the  tradi- 
tional dictatorship  have  already  been  noticed  (pp.  134  f.). 

Appian,  B.  C.  The  lex  Valeria  of  82,  which  conferred  this  position  on  Sulla, 
Cic-^deLeg.     authorized  him  to  undertake   a   thorough  revision   of  the 
Agr.  3-  5-         constitution,  as  the  title  of  the  office  shows,  viz.,  diciatura 
legibus  scribendis  et  rei  publicae  cotistituendae.     The  unlim- 
ited power  of  the  office  is  indicated  not  only  by  Cicero's 
characterization  of  it  as  an  office  of  such  a  sort  ui  omnia, 
quaecuT7ique  ille  (i.e.,  Sulla)  feeisset,  essent  rata,  but  also  by 
the  use  which  Sulla  made  of  it.     Caesar's  dictatorship  was  of 
the  same  sort.     Sulla's  term  of  office  as  dictator  was  prob- 
ably unlimited.     As  for  Caesar,  we  have  already  noticed 
that  in  48  the  dictatorship  was  apparently  given  to  him  for 
an  undefined  period,  in  46  for  ten  years,  and  in  44  for  life. 
Some  of  the  important  powers  exercised  by  Sulla  and  Caesar 
Suet.  Jul.  41 ;   by  virtue  of  their  dictatorshij)  were  :    the  right  to  name  the 
2*2 J?*^^'^'     magistrates  (cf.  pp.    137  f.)  and  to  add   members  to  the 
pro  Lig.  12.      senate,  to  name  magistrates  in   the  jnunicipia,  to  impose 
penalties  without  submitting  to  the  right  of  appeal,  and  to 
control  the  ager publiius. 

258.  The  Triumvirate.  The  triumvirate  to  which  Lepi- 
dus,  Antony,  and  Octavius  were  appointed  held  a  posi- 
tion in  the  state  similar  to  that  which  Caesar  had  held 
during  his  dictatorship.     The  office  was  established  by  the 

St.  R.  II.  707.   lex   Titia   of  43   (cf.  \).    141)    for  a  ])eriod    of   five   years. 


EXTRAORDINARY    OFFICIALS  2ig 

In  38  it  was  renewed.  As  we  have  already  noticed,  the 
members  of  the  triumvirate  adopted  the  principle  of  col- 
legiality  on  its  positive  side.  Like  Caesar,  they  exercised 
the  right  to  name  the  magistrates  for  Rome  and  for  the 
municipia,  to  punish  without  appeal,  and  to  manage  state 
lando 

Selected  Bibliography  ^ 

The  dictator  :  A.  Dupond,  De  dictatura  et  de  magisterio  equitutn, 
Paris,  1875;  E.  Servais,  La  dictature,  Paris,  1886;  F.  Haverfield, 
The  abolition  of  the  dictatorship,  Class.  Rev.  III.  77.  —  The  con- 
sular tribune :  Heinze,  De  tribunis  militum  cons,  pot.,  Stettin,  1861. 
—  The  praetor :  F.  Faure,  Essai  historique  sur  le  preteur  romain, 
Paris,  1878;  O.  Lenel,  Das  Edictum  perpetuum,  Leipzig,  1883. — 
The  censor:  Servais,  La  censure,  ■Luxemburg,  1880 ;  Willems,  Le 
senat  de  la  republique  romaine,  I.  pp.  239-625,  Louvain,  1883; 
A.  W.  Zumpt,  Die  Lustra  der  Romer,  Rhein.  Mus.  XXV.  465  £f. ; 
XXVI.  I  ff.  —  The  tribune  of  the  plebs  :  Soldan,  De  origine,  causis 
et  primo  tribunorum  plebis  numero,  Hanau,  1825  ;  W.  Ihne,  Rhein. 
Mus.  XXI.  161  ff. ;  Belot,  De  trib.  pleb.,  Paris,  1872  ;  P.  Wehrmann, 
Zur  Geschichte  des  rom.  Volkstribunats,  Stettin,  1887.  —  The  aedile  : 
E.  Moll,  Ueber  d.  rom.  Aedilitat  in  altester  Zeit,  Philol.  XLVI. 
98  ff.  ;  Fr.  Hofmann,  De  aedilibus  romanis,  Berlin,  1842.  —  The 
quaestor:  Wagner,  De  quaestoribus  pop.  romani,  Marburg,  1848 
Dollen,  De  quaest.  rom.,  Berlin,  1847. — The  interrex :  E.  Herzog 
Das  Institut  des  Interregnums,  Philol.  XXXIV.  497  ff. ;  Willems, 
II.  7  ff.  —  The  city  prefect:  Franke,  De  praefectura  urbis,  Berlin 
1851.  —  The  tribunus  militum  :  Geppert,  De  trib.  mil.  legionum  rom. 
Berlin,  1872. — The  legati :  O.  Adamek,  Die  Senatsboten  d.  rom 
Republik,  Graz,  1883;  Willems,  II.  491  ff. — The  decemvirs:  E 
Schmidt,  Ueber  d.  rom.  Decern virat,  Halberstadt,  1871. 

*  See  also  p.  173. 


CHAPTER   X 

THE   SENATE 

(a)   Composition  of  the  Senate  and  Senatorial  Privileges 

259.  Method  of  choosing  Senators.  The  right  which 
the  king  had  enjoyed  of  making  out  the  list  of  senators 
(p.  16)  was  inherited  by  his  successor,  the  consul.  This 
power  had  both  a  negative  and  a  positive  side.  In  his 
exercise  of  it  the  chief-magistrate  could  strike  names  from 
the  list,  or  make  such  additions  as  would  bring  the  number 
up  to  the  normal  point.  Since  the  right  to  exercise  this 
power  probably  belonged  to  each  college  of  consuls,  the 
roll  of  senators  was  subject  to  revision  each  year.  Towards 
the  close  of  the  fourth  century  the  plebiscihwt  Oviniinn 
(pp.  46  f.)  transferred  this  power  to  the  censor.  It  was 
exercised  by  him  under  the  restrictions  imposed  by  tra- 
dition and  by  the  Ovinian  law  up  to  the  dictatorship  of 
Sulla,  when  the  censorship  was  allowed  to  lapse.  The 
office  was  reestablished  in  70,  but,  although  he  recovered 
the  right  to  remove  men  from  the  senate,  the  censor  did 
not  regain  the  power  to  make  additions  to  that  body 
(cf.  p.  194).  Sulla  and  Caesar  named  senators  in  an 
exceptional  way  by  virtue  of  the  dictatorship  which  they 
held. 

260.    Number  in  the  Senate.     Before  the  downfall  of  the 

monarchy  the  normal  number  in  the  senate  was  fixed  at 

three  hundred  (p.  16),  and  according  to  tradition  one  of  the 

Liv.  2.  I.  10.     first  things  done  by  the  patrician  consuls  after  the  expulsion 

220 


THE    SENATE  22  1 

of  the  kings  was  to  fill  up  the  depleted  list  of  the  senate. 
Sulla  raised  the  number  to  six  hundred,  and  this  continued   Appian,  B.  c. 
to  be  the  normal  size  of  the  body,  although  it  was  tempo-   suet.'iui^°°' 
rarily  raised  to  nine  hundred  by  Caesar,  41,  80. 

261.  Composition  of  the  Senate.  So  far  as  the  com- 
position of  the  senate  is  concerned,  its  history  falls  into 
four  periods.  The  first  extends  to  509;  the  second  to  the 
close  of  the  fourth  century ;  the  third  to  Sulla's  dictatorship  ; 
and  the  fourth  to  the  downfall  of  the  republic.  In  the  first 
period,  patricians  only  were  eligible.  According  to  tradition, 
however,  the  establishment  of  the  republic  brought  with  it  iJv.  2.  i.  10 ; 
the  admission  of  plebeians  into  the  senate.  This  change  p.^LT'ed.  M 
is  somewhat  out  of  harmony  with  the  aristocratic  character 

of  the  revolution  of  509,  but  it  may  have  been  inspired  by  will.  i.  35- 
a  desire  to  secure  the  support  of  the  influential  plebeians  in  '^^'  ^''^'  ^^' 
the  movement  against  the  monarchy.  At  all  events  the  evi- 
dence justifies  us  in  believing  that  plebeians  were  admitted 
at  a  very  early  date.  The  new  senators  were  called  adlecti 
or  conscripti  to  distinguish  them  from  tht  p aires.  As  Festus 
says  (p.  7,  ed.  M.)  :  nam  patres  dicuntur  qui  sunt patricii gene- 
ris, conscripti  qui  in  senatu  sunt  scriptis  ad?wtati.  In  the 
third  period,  from  the  close  of  the  fourth  century  to  the 
time  of  Sulla,  the  senate  was  largely  made  up  of  ex-magis- 
trates. The  change  did  not  come  abruptly,  however.  The 
plebiscitum  Ovinium,  which  instructed  the  censors  to  give 
the  preference  to  ex-magistrates  in  drawing  up  the  list  of 
senators  (pp.  46-7),  probably  only  gave  a  legal  sanction 
to  a  practice  which  had  been  developing  for  some  time. 
Under  the  legislation  of  Sulla  the  senate  became  exclusively 
a  body  of  ex-magistrates. 

262.  Conditions  of  Eligibility.  There  were  three  princi- 
pal conditions  of  eligibility  to  the  senate  in  Cicero's  timeo 
It  was  necessary  that  a  senator  should  be  a  freeman  and  a 


222  REPUBLICAN    I'EKIOD:    DESCRIPTIVE 

citizen,  that  he  should  have  held  one  of  the  magistraius 
maiores,  and  that  he  should  not  be  engaged  in  any  one  of 
certain  specified  occupations. 

263.  Citizen  and  Freeman.  Conformity  to  the  first 
condition  implied  that  a  candidate  for  senatorial  honors 
should  have  reached  his  majority,  and  that  he  should  be  in 
possession  of  the  full  political  rights  of  a  Roman  citizen. 
Furthermore,  the  sons  of  freedmen,  as  well  as  freedmen 
themselves,  were  ordinarily  considered  ineligible  by  the 
censors,  although  probably  the  former  were  not  excluded 
from  the  senate  by  law. 

264.  A  Senator  must  be  an  ex-Magistrate.  The  Ovinian 
law  did  not  make  the  holding  of  a  magistracy  a  necessary 
condition  of  eligibility  to  the  senate,  but  preference  was 
given  to  ex-magistrates.  The  increase  which  Sulla  made 
in  the  size  of  the  magisterial  colleges  (p.  105),  however, 
provided  a  sufficient  number  of  ex-magistrates  to  keep  the 
number  of  senators  up  to  the  normal  point,  so  that,  after 
his  dictatorship,  no  one  was  eligible  to  the  senate  unless 
he  had  held  a  magistracy.  In  the  latter  half  of  the  first 
century  the  tribune  and  aedile  of  the  plebs,  as  well  as  the 
magistrates  down  to  and  including  the  quaestor,  had  a  right 
to  a  seat  in  the  senate.  When  this  right  was  conferred  on 
the  plebeian  aediles  it  is  impossible  to  say.  At  least  it 
would  seem  to  have  been  granted  to  them  before  122. 
The  plebeian  tribunes  acquired  the  right  to  a  seat  in  the 
senate  under  the  plebiscitum  Atinium,  which  was  probably 
passed  toward  the  close  of  the  second  century.  The 
quaestor  gained  the  same  privilege  in  the  year  81. 

265.  A  Senator  must  abstain  from  Certain  Occupations. 
The  Romans  felt  that  certain  occupations  j)ut  a  moral 
stigma  on  an  individual,  that  others  were  incompatible 
with  the  dignity  of  a  senator,  that  others  prevented  him 


THE   SENATE  223 

from  performing  his  duties  as  senator  in  a  satisfactory  way, 
and  that  still   others  unfitted  him  for  passing  on   public 
questions  in  a  disinterested   manner.     All  these   occupa- 
tions,  then,    made  a  citizen   temporarily  or  permanently 
ineligible  to  the  senate.     To  the  first  class,  for  instance, 
belonged  the  professions  of  the  lanista,  the  gladiator,  and   Lex  lul. 
the  actor.     To  receive  wages  or  a  salary  for  one's  services   \\  loS  ff. 
did  not  comport  with  the  dignity  of  a  senator,  so  that  the 
occupation  of  a  praeco  or  a  scriba  excluded  the  individual   Geil.  7. 9. 2  f. ; 
in  question  from  the  senate.     In  fact,  if  a  citizen  gained    Munic. 
his  livelihood  in  any  business  which  required  his  constant  ^^-  94  ff- 
personal  attention,  that  fact  made  it  impossible  for  him  to 
perform  satisfactorily  the  duties  of  a  senator.     As  soon, 
however,  as  he  gave  up  the  occupation  in  question,  he  became 
technically  eligible.     Finally,  since  the  senate  managed  the 
finances  of  the  state  in  large  measure,  men  who  had  taken 
public  contracts  could  not  be  allowed  to  sit  in  that  body. 

266.  Property  and  Age  Requirement.  Under  the  repub- 
lic probably  there  was  no  property  qualification  for  admis- 
sion to  the  senate,  but,  since  no  salary  was  paid  to  a 
senator,  the  position  could  be  held  only  by  men  of  means. 
Furthermore,  a  reasonable  fortune  was  required  to  maintain 
the  senatorial  dignity.  The  censors  must  have  taken  these 
facts  into  consideration  in  drawing  up  their  lists.  No  age 
requirement  was  definitely  established  by  law  or  custom, 
but  the  Ovinian  law,  when  supplemented  by  the  lex  Villia 
annalis,  prevented  any  one  from  becoming  a  senator  until 
he  had  reached  the  age  required  for  the  quaestorship  (cf, 
p.  169).  In  fact,  it  may  be  said  in  general  that  obstacles 
which  prevented  a  person  from  becoming  a  magistrate 
prevented  him  from  becoming  a  senator  also. 

267.  Classes  of  Senators.  We  have  already  had  occasion 
to  notice  that  plebeians  were  admitted  to  the  senate  at  a  very 


224  REPUBLICAN    PERIOD:    DESCRIPTIVE 

early  date  (cf.  p.  221).  A  plebeian  senator  never  acquired, 
however,  two  rights  which  his  patrician  colleague  enjoyed, 
viz.,  the  right  to  act  as  an  interrcx,  and  the  right  to  vote  on 
the  passage  of  the  patrwn  anctoritas.  For  a  long  time  a 
distinction  was  made  also  between  the  senators  who  had 
the  ins  senteniiae  dicendae  and  the  pedarii^  who  voted  on 
a  motion  already  made,  but  were  not  called  on  to  speak  or 
make  a  motion  themselves.  The  composition  of  these  two 
classes  is  a  matter  of  high  dispute.  As  we  shall  .presently 
see,  the  presiding  officer  asked  senators  their  opinions  in 
the  order  of  their  rank,  and  it  was  within  his  power  to 
terminate  the  discussion  before  all  the  members  of  the 
senate  had  stated  their  views.  Senators  of  inferior  rank, 
therefore,  took  part  only  in  the  discessio,  and  were  called 
on,  as  the  Romans  put  it,  only  pedibus  in  alienam  smtcn- 
tiam  ire.  From  this  fact  they  derived  their  name  pedarii. 
Where  the  line  of  distinction  was  drawn  between  the  pedarii 
and  their  more  fortunate  colleagues  is  as  unsettled  to-day 
as  it  was  in  the  time  of  Aulus  Gellius,  who  mentions  (iV.  A. 
III.  18)  several  different  explanations  of  the  term.  It  seems 
probable,  however,  that  the  pedarii  were  plebeian  senators 
who  had  never  held  a  curule  office.  It  is  also  probable 
that  the  conscripti  of  the  early  period  were  restricted  in 
their  exercise  of  senatorial  rights  in  the  same  way  as  the 
pedarii  were  in  the  period  following  the  Ovinian  law. 
For  the  time  of  Cicero  the  term  pedarii  has  no  technical 

'  "■  meaning.  As  already  intimated,  senators  were  classed  as 
consulares,  praetorii,  aedi/icii,  tribmiicii,  and  quaestorii,  and 
their  opinions  were  asked  in  the  order  indicated.  From 
perhaps  the  third  century  down  to  the  time  of  Sulla  a  patri- 
cian senator  of  the  rank  of  censor  usually  stood  at  the  head 

1.  iiif.  of  the  list.  He  was  called  iht  princeps  senatus,  and  his 
opinion  was  asked  first. 


MEETINGS    OF   THE   SENATE  225 

268.    Insignia  and  Privileges.      Members  of  the  senate 
in  Cicero's    day   were    distinguished    by  certain    insignia, 
indicating  their  position.     These  ornamejita  senatoria,  as 
they  were  called,  were  the   calceus  senatorius,  the  tunica   Cic.  Phil.  13. 
laticlavia,  and  the  atmliis  aureus,  although  the  gold  ring   \  5  27  f 
was  not  the  peculiar  mark  of  senatorial  rank,  but  was  worn   ^""estus 

V.  mulleos, 

by  knights  also.     Senators  who  had  held  a  curule  office  p.  i42,ed.  M.; 

wore  a  special  shoe  called   the  muUeus.     Certain  special  pun.  n.  h!^  ' 

privileges  were  also  granted  to  senators.     After  194  seats  33-iif- 

were  reserved  for  them  at  the  public  games.     At  dramatic  Cic.deHar. ' 

performances  too  the  orchestra  was  set  apart  for  them,  and  pfut  Cat. 

a  not  unimportant  privilege  was  the  ius  Icgationis  liberae  '^^^'-  '7- 
(cf.  p.  217).     They  enjoyed,  except  for  a  period  of  about 
fifty  years  (cf.  pp.  97,  106,  109),  the  right  of  sitting  on        * 
the  jury.     Corresponding  to  these  privileges  were  certain 
restrictions  which  we  have  already  considered. 


(6)  Meetings  of  the  Senate 

269.  The  Presidency  of  the  Senate.  The  right  to  call 
the  senate  and  preside  over  it,  the  ius  agendi  cum  patrihis,  Geil.  14.  7.  4 
was  enjoyed  by  the  dictator,  consul,  praetor,  interrex,  city  ,.'10.^  ^^^ 
prefect,  master  of  the  horse,  and,  after  the  middle  of  the 
fourth  century,  by  the  plebeian  tribune.  Up  to  the  time  of 
Sulla  the  consuls  were  absent  from  the  city  a  great  part  of 
the  year,  so  that,  strangely  enough,  the  presiding  officer  in 
the  senate  must  usually  have  been,  not  the  chief-magistrate, 
but  his  representative,  the  praetor  urbanus.  In  the  early 
period,  in  case  both  consuls  were  in  the  city,  the  presi- 
dency of  the  senate  fell  to  the  consul  who  had  the  fasces 
(cf.  p.  155).  Later  it  is  impossible  to  tell  how  the  matter 
was  decided.  Each  consul  had  the  right  to  convoke  the 
senate,  and  he  could  not  be  prevented  from  doing  so  by 


226  REPUBLICAN    PERIOD:    DESCRIPTIVE 

the  veto  of  his  colleague.  In  the  later  years  of  the  republic, 
therefore,  when  the  two  consuls  not  infrequently  belonged 
to  different  political  parties,  cases  of  conflict  must  have 
occurred.  In  one  instance,  at  least,  the  weaker  of  the 
two  abstained  altogether  from  political  action.  After  the 
senate  had  finished  the  business  which  the  chief-magis- 
trate had  to  lay  before  it,  it  was  competent  for  any  other 
magistrate,  having  the  ins  referendi,  to  lay  questions  before 
it,  unless  such  action  was  forbidden  by  the  chief-magistrate. 
Consequently,  the  business  which  the  tribune  had  to  bring 
before  the  senate  was  usually  laid  before  it  in  that  way. 
The  cases  in  which  the  tribune  convoked  the  senate  were 
very  few.  It  is  evident  that  the  three  ofificials  who  pre- 
sided over  the  senate  most  frequently  were  the  consuls, 
praetors,  and  tribunes.  Accordingly,  official  communica- 
tions were  ordinarily  addressed  to  them  (e.g.,  M.  Tulliiis 
M.  f.  Cicero  procos.  s.  d.  cos.  pr.  tr.  pi.  senatui,  Cic.  ad 
Fam.  XV.  i),  and  to  them  the  senate  intrusted  the  welfare 
of  the  state  in  the  senatus  cotisultum  ultimmn.  The  ius 
re/erendi  carried  with  it,  not  only  the  right  to  convoke  the 
senate,  to  lay  matters  before  it  for  consideration,  and  secure 
legal  action  upon  them,  but  also  to  determine  the  order  of 
business. 

270.  Place  and  Time  of  Meeting.  The  senate  was 
called  together  by  a  praeco  or  by  a  proclamation.  The 
usual  place  of  meeting  was  the  curia  Hostilia,  at  the 
northeast  corner  of  the  forum.  There  were  no  days  fixed 
by  law  for  the  meeting  of  the  senate.  On  th'e  other  hand, 
in  the  later  years  of  the  republic,  perhaps  after  61,  it  could 
not  be  called  on  certain  dies  coviitiales.  A  session  ordi- 
narily began  early  in  the  morning  and  ended  before  sunset. 
In  fact,  the  legality  of  a  senatus  consultum  passed  at  a  night 
session  was  questioned.     The  public  were  not  admitted  to 


MEETINGS    OF   THE    SENATE  227 

the  senate  chamber,  but  the  doors  were  left  open,  so  that 

it  was  possible  for  them  to  follow  the  discussion,  and  their 

expressions  of  approval  and  disapproval   often  interfered   Ck.  ad  Q.  ft 

with  the  orderly  transaction  of  business.     On  rare  occasions  ^'  ^°  ^^^^'  ^' 

the  senate  went  into  executive  session.     In  such  a  case  the 

doors  were  closed,  and  the  lictors  and  viatores,  who  acted   Liv.  42.  14.  i, 

as  sergeants-at-arms,  were  excluded.     In  the  senate  chamber 

each  member  chose  the  place  on  the  sicbsellia  which  suited    Ck.  in  Cat. 

his  fancy.     The   magistrates  were    on   a  raised   dais,   the   ad  Fam.  '^' 

consuls   and    praetors   seated  in   their  curule  chairs,  and  3-  9-  2. 

the  tribunes  on  a  longum  subsellium.     Members  rose  when 

addressing  the  senate  and  when  the  magistrates  entered 

and  retired. 

271.  Quorum.     A  quorum  does  not  seem  to  have  been 
necessary  for  the  transaction  of  ordinary  business,  but  action 

on  certain  matters  required  the  attendance  of  a  specified  c.  I.  L.  1. 196, 
number.  In  particular  toward  the  end  of  the  republic  a  Ascoiip.  cs 
quorum  was  necessary  when  j'(?;2a/z/j  considta  were  passed  ed.  Or.; 

^  Cic.  ad  Fam. 

with  reference  to  the  assignment  of  the  consular  provinces.   8.  9.  2. 
The  presiding  magistrate  could  enforce  the  attendance  of 
members  who  were    absent  without  sufficient  reason,  but 
recourse  was  rarely  had  to  such  extreme  action. 

272,  Procedure  during  the  Debate.  The  magistrate  who 
was  to  preside  made  an  offering  and  took  the  auspices 
before  the  meeting.  At  the  beginning  of  the  session 
dispatches  were  ordinarily  read,  and  statements  were  made  Qgu^' 
by  the  presiding  officer,  or  by  others  who  were  authorized 
by  him  to  speak.  Business  was  definitely  brought  before 
the  senate  by  the  relatio  of  the  presiding  officer,  whose 
remarks  began  with  the  formula  :  quod  boiium  felixque  sit 
populo  Romano  Quiritiiim,  referimus  ad  vos,  patres  con- 
scripti  ....  The  committee  system  was  employed  on  rare 
occasions.      The  presiding  officer  could    make    a    simple 


228  REPUBLICAN    PERIOD:    DESCRIPTIVE 

Statement  of  the  facts,  or  he  could  advocate  a  certain  course. 
In  rare  cases  he  laid  a  definite  motion  before  the  house. 
After  having  stated  the  case,  he  could  call  for  a  vote  at 
once.  This  plan  was  seldom  adopted,  except  when  a 
matter  was  unimportant,  or  when  the  support  of  the 
majority  to  a  given  proposition  was  assured  beforehand. 
The  demand  of  a  senator,  for  an  opportunity  to  debate  a 
question  {consule')  would  scarcely  be  disregarded.  Ordi- 
narily, then,  after  the  business  before  the  senate  had  been 
stated,  the  presiding  officer,  following  the  order  of  rank, 
proceeded  sententias  rogare.  The  order  was  that  already 
indicated  (p.  224),  except  that,  after  the  middle  of  the 
second  century,  the  consuls-elect  were  first  asked  their 
opinions.  In  a  similar  way  the  praetores  designati  took 
precedence  of  the  praetorii.  Preference  was  shown  for  the 
opinion  of  the  magistrates-elect,  because  they  were  likely 
to  be  called  on  to  carry  out  the  measure  under  considera- 
tion. The  senators,  as  they  were  called  on  in  turn,  could 
either  address  the  house  on  the  question  at  issue,  closing 
their  remarks  with  a  motion,  or  they  could  indicate  their 
agreement  with  a  motion  already  made.  In  responding  to 
the  request  of  the  presiding  officer  for  his  opinion,  a  senator 
was  not  required  to  confine  his  remarks  to  the  question 
before  the  house,  but  he  could,  if  he  wished,  speak  on 
matters  entirely  foreign  to  it,  and  could  request  the  presid- 
ing officer  to  bring  these  matters  before  the  senate.  This 
privilege  was  a  very  important  one,  and  made  up  in  large 
measure  for  the  lack  of  the  right  of  initiative,  which  right 
technically  the  presiding  officer  alone  had.  Senators  spoke 
on  a  question  as  long  as  they  saw  fit,  so  that  the  opponent 
of  a  measure  could  prevent  action  on  it  by  talking  until 
sunset.  The  chairman  had  the  right  to  stop  a  member 
adopting  such  a  course  by  ordering  a  viator  to  take  him  into 


MEETINGS    OF   THE    SENATE  229 

custody,  but   there  is  only  one   known  instance  where  a   Cell.  4. 10  8. 
presiding  officer  made   such  an  attempt,  and    his    efforts 
ended  in  a  practical  failure.     Speeches  were  often  violent   Ck.  ad  Q.  fr. 
and  personal,  and  were  frequently  interrupted  by  cries  of  sali."^Cat.^^' 
approval  and  disapproval  on  the  part  of  the  senate.     The   53-  i- 
presiding  officer  brought  the  discussions  to  an  end  when 
he  saw  fit.     Probably  many  of  the  senators  were  given  no 
opportunity  to  speak.     Magistrates  in  office,  who  sat  in  the 
senate,  were  not  asked  their  opinions. 

273.  Method  of  Voting.  If,  during  the  debate,  only  one 
motion  had  been  made,  the  presiding  officer,  in  case  he 
accepted  it,  put  it  to  vote.  If  several  propositions  had 
been  made,  he  had  the  right  to  reject  those  which  were 
unacceptable  to  him,  and  to  put  the  others  to  vote  in  any  Caes.  b,  c. 
order  which  he  preferred.  The  first  motion  to  receive  the  q^'  |,j^jj 
support  of  a  majority  constituted  the  action  of  the  senate.    "^4-  22; 

ad  Fam. 

If  a  motion  comprised  several  different  propositions,  a 
division  of  the  question  could  be  called  for,  but  the  pre- 
siding officer  was  not  obliged  to  grant  the  request.  At 
the  request,  qtci  hoc  censetis,  illuc  trajisite ;  qui  alia  omnia, 
in  hanc  partem,  the  supporters  of  a  measure  passed  to  one 
side  of  the  house  to  be  counted,  the  opponents  to  the 
other.  Magistrates  in  office  did  not  vote.  The  result  was 
announced  by  the  presiding  officer. 

274.  The  Intercessio  in  the  Senate.  The  par  potestas 
(p.  154)  conferred  on  the  colleague  of  the  presiding  officer 
the  right  to  interpose  his  veto.  In  point  of  fact,  however, 
the  veto  power  was  rarely  exercised  by  any  other  official 
than  the  tribune,  but,  as  we  have  already  seen  (pp.  198  f.), 
he  could  exercise  that  power  at  any  point  in  the  proceed- 
ings. An  action  of  the  senate  which  no  official  had  vetoed 
was  called  a  senatus  consuUicjn.  In  case  of  an  intercessio,  the 
action  of  the  senate  had  no  legal  value,  but,  inasmuch  as  it 


230  REPUBLICAN    PERIOD:    DESCRIPTIVE 

represented  the  opinion  of  a  majority  of  the  senate,  it  had 
moral  force,  and  was  set  down  in  writing  and  preserved, 
constituting  what  was  known  as  a  senatus  auctoritas,  to  be 
distinguished,  of  course,  from  an  auctoritas  patrmn  (p.  50). 

275.  Formulation  and  Publication  of  a  Senatus  Con- 
sultum.  The  propositions  appended  to  the  third,  eighth, 
and  ninth  of  Cicero's  PhiUppic  orAtions  give  one  an  idea 
of  the  form  of  the  motions  on  which  the  senate  voted, 
A  motion  was  set  down  in  writing  in  its  final  form  after  a 
meeting  by  a  committee  chosen  by  the  chairrfiaiX:  This 
committee  was  usually  made  up  of  those  who  had  sup- 
ported the  measure.  There  were  two  essential  parts  in 
such  a  document :  the  preamble,  or  praescriptio,  and  the 
action  proi)er.  The  preamble  gave  ordinarily  the  name  of 
the  presiding  officer,  the  place  and  time  of  meeting,  and  the 
names  of  the  members  of  the  committee  chosen  to  put  the 
measure  in  its  final  form  (adesse  sa-ibendd).  Then  came 
a  statement  of  the  question  on  which  action  had  been 
taken,  usually  introduced  by  such  a  phrase  as,  quod  M. 
Marcellus  cos.  v{erbd)  f{ecit)  de,  etc.,  followed  by  the 
action  itself.  At  the  end  of  the  document,  in  the  case  of 
a  senatus  consult  urn,  stood  the  word  c{e?isuere)  ;  in  the  case 
of  a  senatus  auctoritas,  the  name  of  the  magistrate  or  mag- 
istrates who  had  interposed  a  veto.  It  was  incumbent  on 
the  presiding  officer  to  see  that  the  action  of  the  senate 
was  communicated  to  those  concerned,  and  to  deposit  the 
official  copy  of  a  motion  in  the  aerariufn  (cf.  p.  208). 
One  of  the  laws  of  Caesar  of  the  year  59  provided  that 
official  reports  of  the  proceedings  of  the  senate  should  be 
made  and  published. 

276.  The  Roman  Senate  and  Modern  Legislative  Bodies. 
The  method  of  transacting  business  followed  in  the  Roman 
senate  was  in  many  respects  in  marked  contrast  to  that  of 


MEETINGS    OF   THE    SENATE  23 1 

modern  legislative  bodies.  In  modern  legislative  assemblies 
a  large  amount  of  the  work  is  done  by  standing  or  special 
committees,  which  carry  on  extended  investigations,  and, 
on  the  basis  of  the  information  thus  obtained,  recommend 
certain  action  to  the  main  body  which  they  represent. 
The  Romans  made  practically  no  use  of  the  committee  sys- 
tem. The  fact  that  in  our  modern  legislative  bodies  there 
are  important  committees,  and  that  the  presiding  officer 
in  most  cases  determines  their  personnel,  gives  him  great 
influence  in  controlling  members  and  in  directing  legis- 
lation. The  presiding  officer  in  the  Roman  senate  had 
no  such  means  of  controlling  that  body.  Furthermore, 
there  were  no  well-organized  parties  in  Rome,  nor  was  the 
presiding  officer  in  the  senate  a  party  leader  to  the  same 
extent  that  the  Speaker,  for  instance,  of  our  House  of  Rep- 
resentatives is.  Party  government,  with  all  that  it  implies 
in  the  vv'ay  of  a  definite  programme,  of  caucuses,  and  of 
concerted  action,  was  practically  unknown. 

The  senate  was  distinguished  from  most  modern  parlia- 
ments in  that  it  could  meet  only  when  it  was  convoked  by 
a  magistrate.  This  state  of  things  was  consistent  with  the 
theory  that  the  senate  was  not  a  legislative  body,  but  an 
advisory  council.  It  rested,  of  course,  with  the  magistrate  to 
decide  when  he  needed  advice.  The  plan  did  not  work  in- 
conveniently, since  the  members  of  the  senate  were  within 
call  of  the  senate-house.  In  harmony  -with  this  theory  of  the 
functions  of  the  senate  was  the  further  fact  that  the  order 
of  business  was  in  the  hands  of  the  presiding  officer,  and 
was  not  determined,  as  with  us,  by  the  house  itself.  This 
theory  also  accounts  for  the  fact  that  senators  did  not  have 
the  right  of  initiating  legislation,  that  they  could  not  even 
speak  until' they  were  called  on,  that  the  presiding  officer 
'y could   stop  a  debate  when   he  saw  fit,  and  that  he  could 


232  REPUBLICAN    PERIOD:    DESCRIPTIVE 

refuse  to  put  a  motion  unacceptable  to  him.  As  we  have 
seen,  however,  most  of  these  limitations  had  little  practical 
meaning.  The  senate,  for  instance,  had  such  effective 
means  of  forcing  a  magistrate  to  convoke  it,  that  no  mag- 
istrate ever  succeeded  in  ruling  without  asking  its  coopera- 
tion, and  the  right  to  initiate  legislation,  although  theoreti- 
cally denied,  was  practically  exercised  in  a  roundabout 
way.  It  is  a  matter  of  surprise  that  the  Roman  senate  was 
able  to  transact  complicated  business  in  a  wise  and  orderly , 
way  under  the  loose  system  which  it  followed.  We  have 
already  noticed  that  business  was  not  prepared  for  it  by 
committees,  but  almost  all  sorts  of  intricate  matters  were 
taken  up  for  the  first  time  on  the  floor  of  the  house. 
Furthermore,  a  comparatively  short  time  was  given  to  the 
settlement  of  important  questions.  There  was  little  of  that 
parliamentary  machinery  which  we  think  so  essential  to  the 
orderly  transaction  of  public  affairs.  There  was  apparently 
no  fixed  order  of  business.  A  quorum  was  not  ordinarily 
necessary.  A  dozen  motions  might  be  under  consideration 
at  the  same  time,  and  what  must  have  made  the  situation 
still  worse  is  the  fact  that  the  consul  could  not  prevent 
members  from  discussing  matters  entirely  foreign  to  the  sub- 
ject which  he  had  brought  up  for  consideration.  Motions 
were  rarely  written  down,  and,  in  fact,  no  official  minutes 
were  kept  of  a  meeting,  but  the  senate  relied  on  the  memory 
of  the  presiding  officer  or  on  notes  taken  by  individual  sena- 
tors. Finally,  any  one  of  the  ten  tribunes  could  interpose 
his  veto  and  make  the  action  of  the  senate  invalid.  These 
weak  points  in  its  method  of  doing  business  were  offset  by 
its  frequent  meetings,  by  the  fact  that  its  members  were 
almost  all  experienced  administrative  officers,  by  its  willing- 
ness to  profit  by  its  own  long  experience  and  by  the  wisdom 
of  those  best  qualified  to  advise  it. 


POWERS    OF   THE    SENATE  233 

(c)  The  Powers  of  the  Senate 

• 

277.  Exclusive  Rights  of  Patrician  Senators.  The  spe- 
cial rights  which  the  patrician  members  of  the  senate 
always  retained  have  already  been  noticed  (p.  224).  Of 
these  the  right  to  vote  the  auctoritas  patrum  was  robbed 
of  all  significance  by  the  PubUlian  law  of  339  (pp.  50  f.). 
The  right  to  choose  an  i?iterrex  from  their  own  number  was 
very  likely  a  political  privilege  of  some  value  during  the 
stormy  years  of  the  late  republic.  At  all  events,  the  insti- 
tution served  to  give  continuity  to  the  government. 

278.  Relations  of  the  Senate  to  the  Magistrate  and  the 
Comitia.  As  for  the  senate  taken  as  a  whole,  we  have 
already  had  occasion  to  notice  (pp.  65  ff.)  that  the  relations 
which  it  bore  to  the  magistrate  and  to  the  popular  assem- 
blies gradually  underwent  a  radical  change.  In  the  period 
of  its  ascendency  the  magistrate  was  Httle  more  than  its 
presiding  officer  and  minister,  while  a  great  part  of  the 
business  of  legislation  came  before  the  senate,  not  before 
the  comitia,  and  even  the  matters  on  which  the  popular 
assembly  ultimately  took  action  were  discussed  and  put  in 
final  form  for  submission  to  it  by  the  senate.  Traditional 
usage  always  determined  under  the  repubhc,  however,  the 
relation  which  its  action  bore  to  that  of  the  popular 
assemblies.  A  senatus  consiilhan  never  stood  on  the  same 
plane  as  a  lex.  It  could  not  annul  a  lex,  nor  was  it  valid 
if  its  provisions  violated  those  of  a  lex.  It  could,  however, 
interpret  enactments  of  the  popular  assembly.  It  could 
provide  for  matters  not  already  covered  by  them,  even 
when  in  so  doing  it  seemed  to  usurp  the  constitutional 
rights  of  the  comitia,  because  in  so  doing,  if  the  tribune  did 
not  interpose  his  veto,  it  could  be  assumed  that  its  action 
was  acceptable  to  the  populus. 


234  REPUBLICAN    PERIOD:    DESCRIPTIVE 

279.  Authority  in  Religious  Matters.  The  three  fields 
in  whieh  its  activity  was  greatest  were  those  of  religion, 
finance,  and  foreign  politics.  The  ordinary  management  of 
religious  matters  was  intrusted  to  the  potitifcx  maxitnus 
and  the  special  colleges  of  priests.  Certain  regularly 
recurring  events  of  a  religious  character,  like  the  celebra- 
tion of  the  games,  were  in  charge  of  the  magistrates ;  but 
the  welfare  of  the  state  depended  on  the  favor  of  the  gods, 
and,  therefore,  when  the  gods  indicated  their  will  in  some 
extraordinary  fashion,  or  when  an  important  change  in 
the  estabhshed  religious  order  was  contemplated,  the  fact 
became  one  of  great  political  concern,  and  it  was  important 
to  get  the  advice  of  the  senate.  For  this  reason,  the  senate 
was  consulted  when  prodigies  had  occurred,  when  new  rites 
were  to  be  introduced,  or  religious  ceremonies  to  be  regu- 
lated. Ordinarily  these  matters  were  laid  before  the  senate 
by  the  magistrates,  and  that  body  instructed  the  proper 
religious  authorities  to  make  investigations,  on  which  ap- 
propriate action  could  be  based.  This  action  consisted, 
in  the  case  of  prodigia,  in  the  removal  of  the  cause  of 
offense,  in  making  offerings,  and  appointing  festivals.  The 
senate,  by  its  control  of  appropriations,  also  exercised  some 
authority  even  over  the  ordinary  management  of  religious 
affairs. 

280.  Control  of  Public  Finances.  It  has  been  well  said 
that  the  control  of  public  finances  under  the  republic  was 
an  administrative  rather  than  a  constitutional  question. 
The  right  which  the  chief-magistrate  originally  had  to 
receive  and  to  pay  out  public  moneys  passed  over  in  part 
to  the  senate  ;  in  large  measure  because  the  magistrate 
often  voluntarily  referred  such  matters  to  it,  for  the  sake 
of  getting  its  advice  and  moral  supi)ort.  In  short,  the 
same  influences  (cf.  pp.  67  f.)  which  helped  the  senate  to 


POWERS    OF   THE    SENATE  235 

encroach  on  the  traditional  prerogative  of  the  magistrate 
in  other  matters  were  at  work  in  this  case  also.  A  magis- 
trate with  a  brief  tenure  of  office  could  not  maintain  his 
power  over  against  a  permanent  assembly,  whose  members 
held  their  position  for  life.  In  the  case  of  the  finances  the 
encroachment  of  the  senate  was  encouraged  by  two  special 
facts.  At  a  comparatively  early  date  the  supervision  of  the 
treasury  was  taken  from  the  consul  and  given  to  an  inferior 
official,  the  quaestor  (p.  207),  whose  position  made  him 
even  more  amenable  to  the  senate  than  the  consul  might 
have  been.  Furthermore,  a  large  share  of  the  consul's 
financial  business  was  transferred  to  the  censor  (p.  194) 
after  the  middle  of  the  fifth  century.  Notwithstanding 
these  changes,  the  consul  still  retained  some  freedom  of 
action,  inasmuch  as  appropriations  were  made  not  in  an 
itemized  form,  but  in  lump  sums,  and  the  magistrate  was 
not  required  to  give  the  senate  an  itemized  account  of  the 
receipts  of  the  treasury.  In  other  words,  the  control  which 
the  senate  had  over  ihe  finances  of  the  state  was  far  less 
complete  and  definite  than  that  exercised  by  a  modern 
parliament.  The  senate  appropriated  money  for  the  army,  Liv.  24.  n. 
for  the  public  games,  and  for  the  construction  and  main-  l^.  12^^' 
tenance  of  public  works.  It  authorized  the  imposition  of 
the  tribiitum,  and  fixed  the  tribute  to  be  paid  by  the  Liv.  23. 31. 
provinces.  The  control  of  state  land  was  always  in  dispute  ^f^ '  ^g  Qff 
between  the  senate  and  the  popular  assembUes,  and  the  3-  87- 
influence  of  the  latter  varied  according  to  the  democratic 
or  oligarchic  tendency  of  the  times. 

281.    Concluding    Treaties,    Declaring    and    Carrying    on 
War.     The  ultimate  right  to  declare  war  and  to  conclude  a 
treaty  of  peace  rested  with  the  people.     In  practice,  how-   Polyb.  6. 14; 
ever,  both  questions  were  really  settled  by  the  senate.     In   ,g  .;  "^' 
the  first  place,  a  consul  would  never  take  the  responsibility 


236  REPUBLICAN    PERIOD:    DESCRIPTIVE 

of  bringing  such  important  matters  before  the  comitia 
without  previously  consulting  the  senate  (cf.  pp.  176  f.). 
In  the  second  place,  the  senate  actually  conducted  all  the 
;  diplomatic  negotiations  which  resulted  in  a  treaty  or  a 
:^^'  declaration  of  war.  These  negotiations  were  usually  carried 
5'^*-  on,  in  the  one  case,  between  the  senate  and  ambassadors 
representing  the  power  concerned,  in  the  other  case, 
between  a  senatorial  commission  and  the  government  of 
Jv.  9. 5.  I ;  the  people  concerned.  Only  when  a  definite  conclusion 
I7!  55!  X--.  had  been  reached  was  the  result  submitted  to  the  people 
for  action.  In  the  early  period,  when  wars  were  carried 
on  near  Rome,  the  senate  exercised  a  great  influence  over 
their  conduct.  When,  in  the  later  period,  the  scene  of 
war  was  farther  removed,  the  detailed  control  of  a  cam- 
paign by  it  was,  of  course,  impossible.  However,  com- 
manding generals  still  deferred  to  its  wishes,  and  reports  of 
military  movements  were  regularly  sent  to  it.  The  senate 
found  an  effective  means  of  controlling  generals  in  the  field 
in  the  fact  that  \vith  it  rested  the, right  to  appropriate 
money  for  a  campaign,  to  provide  reinforcements,  and  to 
grant  a  triumph  or  a  supplicatio  in  case  of  a  success. 

282.  Administration  of  Italy.  Every  extension  of 
Roman  citizenship  required  the  consent  of  the  people, 
so  that  in  founding  a  Roman  colony  a  lex  was  necessary. 
A  Latin  colony,  however,  could  be  established  by^  virtue 
of  a  setiatiis  consultiim,  which  could  also  determine  the 
6.  16.  6.  number  of  colonists,  and  the  amount  of  land  to  be  assigned 
to  each  of  them  (cf,  pp.  59  f.).  The  general  control  of  affairs 
in  Italy  was  divided  between  the  consul  and  the  senate. 
The  consul  was  charged  with  the  protection  of  Italy  from 
incursions,  and  the  maintenance  of  peace  within  its  borders 
(cf.  pp.  179  f.).  It  was  the  duty  of  the  senate  to  guard  the 
interests  of  the  central  government,  and  to  provide  for  the 


POWERS    OF   THE    SENATE  237 

administration  of  justice  in  certain  cases.     To  cope  with 
cases  of  treason,  conspiracy,  riot,  or  insurrection,  a  magis-   iJv.  9.  16 
trate  with  the  imperium  was  sent  by  the  senate  to  conduct  Xo°\.  - 
an  investigation   and    inflict   punishment.      Epidemics   of 
crime,  which   the  local  authorities  did  not  seem  able  to   iJv.  39. 41  ff 
control,  were   dealt  with   in   the   same   way.      When   two 
communities    fell   into  a  dispute   the  senate  appointed  a   Liv.  45. 13. 
commission  from  its  own  number  with  power  to  settle  the   q^-  'l^^  ^\^^^ 
difficulty.     Communities  which  seemed   to  have   failed   in   4-  15-  s- 
their  duties  to  Rome  were  required  to  send  representatives   Liv.  27.  38. 
to  the  city  to  explain  the  situation.     If  their  explanations   ^"^ '  ^^'  '^' 
were  not  satisfactory,  the  towns  in  question  were  punished. 
283.    The    Senate   and    the    Provinces.      The  important 
part  which    the    senate    played   in   the    organization  of  a 
province  has  been  considered  in  another  connection  (pp. 
89  ff.),  but  its  control  had  by  no  means  come  to  an  end, 
when  the  provincial  charter  had  been  drawn  up.  '  Usually 
at  the  beginning  of  the  year  it  decided  which   provinces   Liv.  24. 43. 9; 
should  be  consular,  and  which  praetorian.     Thereupon  the   26!28.'-ff.- 
consuls  and  praetors  cast  lots  for  their  respective  provinces,   42-  10.  n  ff. 
or  came  to  a  friendly  agreement  on  the  subject.     Some-   42.31.1^^^' 
times  the  decision  was  made  after  the  election,  but  before 
the  end  of  the  year.     The  lex  Sempronia  de  provinciis  of  Cic.  de  Prov. 
123  effected  an  important  change  in  this  arrangement  by   sali.^iug. 
requiring  the  senate   to  designate   the   consular  provinces   ^T-2rA- 
before  the  election  of  the  consuls  to  whom  they  would  be 
assigned.     This  prevented  it  from  favoring  political  friends 
or  punishing  political  opponents.    The  praetorian  provinces 
were  still  designated  after  the   elections  had  been  held. 
The  lex  Cornelia  of  81  definitely  instituted  the  promagis- 
terial  system  for  the  provinces  (cf.  p.  105),  but  made  no 
important  change  in  the  part  which  the  senate  played  in 
the  appointment  of  provincial  governors.    The  lex  Fompeia   Dio,  40.  56. 


1.6 


238  RKPUBLICAN    TERIOD:    DESCRIPTIVE 

lie provinciis  o{  \}!\Q  year  52,  which  provided  that  an  interval 
of  five  years  should  elapse  between  the  time  when  one  held 
the  considship  or  praetorship  at  Rome  and  took  the  gov- 
ernment of  a  province,  also  directed  that  the  designation  of 
the  provinces  as  consular  or  praetorian  in  a  given  case 
should  be  made  just  before  the  governors  went  out  to  their 
provinces,  that  is,  about  four  years  after  their  term  of  office 
in  Rome  had  come  to  an  end.  After  the  allotments  had 
been  made,  senatus  consulta  de  proviticiis  ornandis  were 
passed,  assigning  troops  and  appropriating  money  for  the 
several  provinces.  Complaints  made  by  the  inhabitants  of 
a  province  were  addressed  to  the  senate,  and,  although  it 
rarely  interfered  in  the  management  of  a  province,  when 
it  did  consider  favorably  a  provincial  appeal,  its  action 
prevailed  over  the   edict  of  the  governor. 

284.  The  Senate  and  Foreign  Affairs.  The  conclusion 
of  a  treaty  with  a  people  which  had  been  at  war  with  Rome 
required,  as  we  have  seen  (p.  235),  the  sanction  of  the 
people,  but  the  senate  on  its  own  motion  was  competent 
to  enter  into  a  friendly  alliance  with  a  foreign  nation  in  the 
name  of  the  Roman  people,  to  assume  the  protectorate 
of  a  territory,  or  to  confer  the  title  of  king  or  friend  of  the 
Roman  people  on  a  foreign  potentate.  To  it  also  foreign 
nations  addressed  their  comjjlaints  against  Rome  or  Roman 
ofificials.  Similarly,  demands  or  requests  addressed  to  foreign 
countries  were  sent  by  the  senate.  Embassies  from  hostile 
or  friendly  nations  came  to  it.  The  representatives  of 
friendly  powers  were  received  into  the  city  and  entertained 
at  public  expense.  If  the  senate  wished  to  hear  the  state- 
ments of  an  embassy  from  a  hostile  i)cople,  a  meeting  was 
held  outside  the  city ;  otherwise  the  ambassadors  were 
ordered  to  leave  Italy  at  once.  On  the  day  when  the  mem- 
bers of  a  friendly  embassy  were  to  be  heard  by  the  senate 


POWERS    OP^    THE    SENATE  239 

they  were  taken  to  the  Graecostasis,  a  structure  near  the  Varro,  L.  L. 
curia,  set  apart  for  ambassadors,  and  later  conducted  into  Uv.  26.  3if. 
the  senate  by  the  magistrate,  and  allowed  to  make  a  state-   ^°'  ^^  ^ ; 

•'  °  '  34-  57-  1-3; 

ment  in  the  Latin  language.     After  a  certain  date  the  use   Vai.  Max. 

2.  2.    7. 

of  Greek  was  permissible.  Then  they  were  questioned  by 
members  of  the  senate,  retired  during  its  deliberations,  but 
returned  to  hear'  the  decision  which  had  been  reached.  In 
some  cases  the  senate  appointed  a  committee  to  confer 
with  the  ambassadors  and  to  make  a  report  to  it.  The 
sending  of  embassies  to  foreign  states  was  authorized  by  Liv.  34.  59. 8 
the  senate,  and  all  the  members,  usually  three  in  number, 
of  such  embassies  were  senators.  Two  circumstances  in 
particular  robbed  the  senate  in  the  first  century  of  its  influ- 
ence in  foreign  affairs.  In  the  first  place,  almost  all  the 
peoples  with  whom  the  Romans  had  in  the  early  period 
carried  on  diplomatic  relations  were  now  subject  to  Rome, 
and  were  therefore  governed  by  Roman  officials.  In  the 
second  place,  campaigns  were  carried  on  at  such  a  dis- 
tance from  Rome  that  it  was  usually  impracticable  for  the 
senate  to  dictate  the  terms  of  a  treaty,  and  commanding 
officers  found  it  easy  to  carry  on  the  negotiations  with- 
out paying  it  much  attention.  Furthermore,  the  extraor- 
dinary powers  which  were  granted  to  generals  in  the  field, 
as  to  Sulla,  Pompey,  and  Caesar,  or  the  powers  which 
circumstances  allowed  them  to  assume,  contributed  to  the 
same  result. 

285.  Measures  of  Public  Safety.  In  another  connec- 
tion (pp.  181  f.)  reference  has  been  made  to  the  various 
extraordinary  measures  which  the  senate  took  at  moments 
of  great  public  danger.  These  measures  included  the 
declaration  of  a  tumultus  or  a  iustitium,  the  appointment 
of  a  dictator,  and  the  passage  of  the  senatus  cotisultum 
ultimum. 


240  REPUHLICAN    PERIOD:    DESCRIPTIVE 

286.  The  Tumultus  and  lustitium.  The  dictator  could 
declare  a  tumultus  or  a  iustitium  without  waiting  for  any 
action  on  the  part  of  the  senate,  but  if  a  dictator  was  not 
in  office,  the  declaration  was  made  by  the  senate.  When 
a  tumultus  had  been  proclaimed,  the  city  was  occupied  with 
troops,  the  citizens  put  on  the  sagum,  and  all  exemptions 
from  military  service  were  canceled.  The  declaration  of 
a  iustitiuf?i  involved  the  suspension  of  all  business  not 
required  by  the  exigencies  of  the  case.  After  the  period 
of  the  Oracchi,  both  these  measures  were  taken  to  supple- 
ment the  senatus  consultuvi  ultimum,  but  only  when  a 
citizen  had  put  himself  at  the  head  of  an  armed  force, 
and  had  been  declared  an  hostis  rei  publicae. 

287.  Appointment  of  a  Dictator  and  Passage  of  the 
Senatus  jConsultum  Ultimum.  A  dictator  was  named  by 
the  consul,  at  the  bidding  of  the  senate,  when  the  integ- 
rity of  the  commonwealth  was  threatened  by  wars  without, 
or  by  disorders  within  the  confines  of  the  state  (cf.  p.  181). 
A  dictator  was  appointed  for  the  last  time  in  202.  Three 
facts  explain  the  disappearance  of  the  office.  It  had  been 
used  as  a  weapon  by  the  patricians  in  their  struggle  with 
the  plebeians,  but  the  assumption  by  the  people  in  the  year 
2 1 7  of  the  right  to  pass  the  enabling  act  took  the  office  out 
of  the  hands  of  the  senate  and  made  it  useless  to  it.  In  the 
second  place,  the  dictatorship  had  been  gradually  stripped 
of  the  exceptional  powers  which  differentiated  it  from  the 
consulship  (cf.  p.  183).  Furthermore,  during  the  first 
seventy  years  of  the  second  century,  no  critical  situation 
developed  in  Italy,  and  the  ascendency  of  the  senate  was 
unquestioned,  so  that  it  felt  no  need  of  passing  exceptional 
measures.  But  the  agitations  of  the  Gracchi  arrayed  the 
democracy  against  the  fiobilitas,  and  the  senate  cast  about 
for   means   to  hold   the   opposition  in   check.     Now  the 


POWERS    OF   THE    SENATE  24I 

appointment   of  a  dictator   meant   the   investiture   of  an 

extraordinary   magistrate    with    extraordinary  powers,    but 

the  right   to  make   such  an  appointment  was  no  longer 

the  exclusive  prerogative  of  the  senate.     The  same  object 

could   be  attained,   however,  by  conferring   extraordinary 

powers  on  a  regular  magistrate.    This  step  it  took  in  132  by 

granting  to  the  consuls  of  that  year  the  right  to  judge  and   Pint.  Ti. 

condemn  to  death  those  found  guilty  of  taking  part  in  the   vai.  Max 

revolutionary  proceedings  of  Tiberius  Gracchus.     This  led   4-  7- 1- 

to  the  passage  of  the  Sempronian  law  in  123   (cf.  p.  98), 

which  forbade  the  execution  of  any  citizen  until  he  had 

been  heard  by  the  people.     Two  years  later,  however,  the 

senate  voted  uti  L.  Opifnius  cotisid  rem  ptiblicam  defenderet,    Cic.  Phil. 

and,  under  the  authority  of  this  action,  the  consul  attacked 

the  Gracchan  party,  which  had   seized   the  Aventine   hill 

and  killed   C.  Gracchus  and  several  of  his  followers.     In 

the  year  1 00,  during  the  agitation  of  the  tribune  Saturninus 

(cf.  p.  100),  the  consuls,  with  the   help  of  the   tribunes 

and  praetors,  were  directed  to  see  to  it  iit  viiperium  popie/i  Cic.  pro  Rab 

Romanimaiestasque  conservaretur.    Somewhat  similar  action   ^^*^ 

was  taken  in  the  years  88,  83,  77,  d'^,  62,  52,  49,  48,  47, 

and  43.     The  special  power  exercised  by  the  magistrate 

under  this  decree  of  the  senate  was  that  of  putting  citizens 

to  death  without  granting  them  the  privilege  of  appealing 

to  the  people.     This  proceeding  was,  of  course,  in  direct 

contravention  of  the  lex  Sempronia  of  the  year  123,  and 

the  popular  party  never  recognized  the  constitutionality  of 

it.     The  modification  which  Cicero  introduced  in  the  plan 

followed  by  earlier  magistrates,  of  asking  for  a  specific  vote 

by  the  senate  on  the  disposition  of  the  accused  persons, 

does  not  make  his  course  more  or  less  constitutional  than 

that  of  his  predecessors  ;  for  if  the  senate  was  competent  to 

act  as  a  court  of  last  resort,  and  to  condemn  citizens  to 


242  REPUBLICAN    PERIOD:    DESCRIPTIVE 

death,  it  was  competent  to  empower  the  consuls  to  impose 
the  death  penalty  through  the  s.  c.  ultimum,  and  specific 
action  was  unnecessary.  If  it  was  not  competent  in  the 
first  instance,  it  could  not  itself  impose  the  penalty.  The 
whole  question  of  the  consdtutionality  of  the  s.  c.  ultimum  is 
a  matter  of  high  dispute.  In  point  of  fact,  the  question 
seems  to  bring  into  conflict  two  irreconcilable  theories  of 
government,  each  of  which  prevailed  to  a  greater  or  less 
degree  at  different  periods.  The  senate  maintained,  as 
Cicero  put  it,  saliis  populi  suprema  lex  est.  Furthermore, 
it  claimed  to  have  the  right  to  decide  when  the  safety  of 
the  state  required  the  assumption  on  its  part  of  extra-con- 
stitutional powers,  and  it  claimed  to  be  the  ultimate  deposi- 
tary of  supreme  power.  The  first  one  of  these  propositions 
will  scarcely  be  questioned.  Various  historical  considera- 
tions support  the  senate's  contention  on  the  other  two 
points.  As  we  have  seen  (p.  lo),  when  the  chief-magistracy 
became  vacant  through  death  or  otherwise,  the  sovereignty 
returned  to  the  patres.  Furthermore,  up  to  the  year  217, 
the  senate  exercised  not  infrequently  the  right  to  decide 
when  the  public  safety  required  the  suspension  of  the  consti- 
tutional rights  of  the  citizens,  and  in  accordance  with  its 
judgment  instructed  the  consul  to  api)oint  a  dictator.  Its 
failure  to  exercise  that  ])ower  for  the  next  century  or  more 
did  not  imply  the  loss  of  it.  Opposed  to  this  view  of  the 
situation,  on  which  the  senate  could  rest  its  claim,  was  the 
democratic  theory  that  the  will  of  the  people  is  the  law  of 
the  land,  and  the  successive  achievements  of  the  popular 
party  mark  the  advance  made  from  time  to  time  in  forcing 
the  acceptance  of  that  theory.  The  full  recognition  of 
it,  with  a  somewhat  narrow  interpretation  of  the  word 
"people"  (cf.  p.  51),  was  secured  in  287.  The  failure  of 
the  people  to  make  full  use  of  their  power  does  not  imply  an 


POWERS    OF    THE    SENATE  243 

abandonment  of  the  principle.  Indeed,  the  fact  was  freely 
recognized  that  a  decree  of  the  senate  could  not  stand 
against  the  action  of  the  popular  assembly  (cf.  p.  233). 
The  position  of  the  popular  party  was,  therefore,  a  strong 
one  when  it  maintained  that  no  se?iatus  co7isidtuni  could 
suspend   the  action  of  the  lex  Sempronia  de  provocatione.  O.'^  • 

The  special  plea  which  was  made  on  certain  occasions  by  Cic.  in  Cat. 
the  advocates  of  the  senatorial  prerogative,  that  the  indi-  '^' 
viduals  concerned  had  become  enemies  of  the  state  and, 
therefore,  had  forfeited  the  rights  of  citizenship,  is  a  piece 
of  sophistry,  because  to  concede  to  the  senate  the  right  on 
its  own  authority  of  declaring  that  a  citizen  who  had  not 
openly  taken  up  arms  against  the  government  was  an  /wsfis 
rei publicae  was  to  grant  it  indirectly  the  power  of  suspend- 
ing the  action  of  a  lex.  The  question  is,  therefore,  like  the 
old  problem  of  free  will  and  necessity,  and  it  will  probably 
be  decided  by  different  students  according  to  the  theory 
of  ideal  government  held  by  each  of  them.  In  this  con- 
nection we  may  mention  the  action  of  the  senate  declaring 

that  certain  individuals  were  acting,  or  would  act  in  a  given    Cic.  ad  Att 

„     ,  .  ,  ,  I.  16.  12; 

case,  contra  rein  pubhcam.     Such  a  motion  on  the  part  ot   2.24.3; 

the  senate,  usually  directed  against  magistrates,  often  pre-   g^g^^™" 

ceded  the  passage   of  a  s.  c.   idtimiim,  and  indicated  the   Caes.  B.  C. 

intention  of  the  senate  to  pass  that  measure,  if  the  persons 

concerned  persisted  in  the  course  which  they  had  taken. 

Selected  Bibliography^ 

Composition  of  the  senate  and  senatorial  privileges :  Willems,  Le 
senat  de  la  republique  romaine,  Vol.  I,  Louvain,  1883  ;  Th.  Monam- 
sen,  Romische  Forschungen,  I.2  218-2S4;  G.  Bloch,  Les  origines 
du  senat  romain,  Paris,  1883  ;  Fr.  Hofmann,  Der  rom.  Senat  zur 
Zeit  der  Republik,  Berlin,  1847  ;  Lange,  De  plebiscitis  Ovinio  et  Atinio 

1  See  also  pp.  22,  173,  219. 


244  REPUBLICAN    PERIOD:    DESCRIPTIVE 

disputatio,  Leipzig,  1878  ;  Monro,  On  the  pedarii,  Journ.  of  Phil. 
IV.  (1872)  113-119. — Meetings  of  the  senate:  C.  Bardt,  Die  Senats- 
sitzungstage  der  spiiteren  Republik  (in  Hermes,  VII.  14  ff.)  ;  Zur 
lex  Caecilia  Didia  {ibid.  IX.  305  ff.)  ;  Lange,  Die  lex  Pupia  (in 
Rhein.  Mus.  (N.  F.),  XXIX.  321-336,  and  XXX.  350-397) ;  Lanciani, 
L'aula  e  gli  uffici  del  senate  romano  (Mem.  dell'  Accad.  dei  Lincei, 
XI) ;  Mispoulet,  La  vie  parlementaire  a  Rome  sous  la  republique, 
Paris,  1899;  B.  Pick,  De  senatus  consultis  Romanorum,  Part  I, 
Berlin,  1884;  Hiibner,  De  senatus  populique  actis,  Leipzig,  1859; 
Willems,  Vol.  II.  —  Powers  of  the  senate:  II.  Genz,  Das  patri- 
zische  Rom,  Berlin,  1878;  Soltau,  Altromische  Volksversammlungen 
(109-226),  Berlin,  1880;  Nissen,  Das  lustitium,  Leipzig,  1877; 
Willems,  Vol.  II. 

SUPPLEMICXTAUY    LlTERATlTRR,     I  90  I  -  I  9  I  O 

Barbagallo,  Una  misura  eccezionale  dei  Roniani  :  II  senatus  con- 
sultum  ultimum.     Rome,  1900. 

Delaunay,  Les  relations  des  magistrats  et  du  senat  sous  la  repu- 
blique.    Rennes,  1896. 

P.  Willems  et  J.  Willems,  Le  senat  romain  en  65  de  notre  ere. 
Louvain,  1902. 

Sands,  The  Client  Princes  of  the  Roman  Empire  under  the  Re- 
public.    Cambridge  (England),  1906. 


CHAPTER   XI 

THE  PEOPLE 

(a)  Citizens  and  their  Rights 

288.  How    Citizenship  could    be  Acquired.     The   rights 
of  citizenship  could  be  acquired  by  birth,  by  naturaliza- 
tion, or  by  manumission.     They  belonged,  therefore,  to  the 
issue  of  a  legal  marriage  (iustum  mat r  into  mum),  contracted 
between  those  who  had  the  ins  conubii.     Before  445   the 
ius  conubii  was  enjoyed   by    the   patricians  only,  but   in 
that  year  it  was  given  to  the  plebeians  also  (cf.  pp.  33  f.). 
Foreigners  could  gain  the  rights  of  Roman  citizenship  only 
through  action  of  the  popular  assembly,  although,  in  the   Liv.  4.  4.  7. 
later  years  of  the  republic,  generals  in  the  field  seem  to   Cic.proArc 
have  usurped  this  prerogative  of  the  people  in  a  few  cases.    Ba'lbo^  19. 
Special  facilities  were  granted  to  the  Latins  and  the  allies 

in  acquiring  citizenship,  as  we  shall  presently  see.  The 
formal  announcement  of  a  slave's  freedom  by  his  master 
made  him  a  citizen.  This  announcement  could  be  made 
in  the  presence  of  a  magistrate,  or  in  a  will,  or  the  master 
could  confer  freedom  and  citizenship  on  him  at  the  same 
time  by  having  his  name  enrolled  in  the  censor's  list. 

289.  How  it  could  be  Lost.  Roman  citizenship  implied 
personal  liberty.  Consequently,  any  one  who  was  captured 
in  war,  turned  over  to  the  enemy,  or  sold  into  slavery,  lost 
it  completely.  This  complete  forfeiture  of  civic  and  family 
rights,  as  well  as  of  freedom,  was  known  as  the  capitis 
deminutio  maxima.      Captives  who   returned   to   the   city 

245 


246  REPUBLICAN    PERIOD:    DESCRIPTIVE 

could  regain  their  rights.  The  capitis  deminutio  fnedia  im- 
plied the  loss  of  all  civic  and  family  rights,  but  not  of  personal 
liberty.  Those  who  had  become  citizens  in  another  state, 
who  had  gone  into  voluntary  exile,  or  had  been  banished, 
suffered  this  penalty.  Capitis  deminutio  minima  took  place 
in  case  of  adoption.  The  adopted  person  lost  the  family 
rights  which  he  had  formerly  enjoyed,  but  he  acquired  the 
rights  of  the  family  into  which  he  was  adopted. 

290.  Three  Classes  of  Freemen.  There  were  three 
classes  of  freemen  under  the  republic  :  (I)  those  who  had 
the  full  right  of  Roman  citizenship  ;  (II)  those  who  enjoyed 
it  only  in  part  or  when  they  had  conformed  to  certain 
conditions;  and  (III)  those  who  in  their  own  persons  had 
no  rights  before  the  law. 

291.  Equalization  of  the  Rights  of  Citizenship.  Under 
the  monarchy  patricians  alone  had  the  full  rights  of  Roman 
citizenship.  What  these  rights  were,  and  what  the  position 
of  the  plebeians  was,  we  have  already  had  occasion  to  notice 
(pp.  17  f.).  The  remodeUng  of  the  army  by  Servius 
Tullius  (p.  20),  and  the  development  of  the  new  organi- 
zation into  a  political  body  under  the  republic  (pp.  26  f.) 
brought  important  civil  and  political  rights  to' the  plebeians. 
Henceforth  they  participated  in  the  meetings  of  the  centu- 
riate  cotnitia  for  the  enactment  of  laws  and  the  election  of 
magistrates.  The  lex  Valeria  allowed  them  to  appeal  to 
the  popular  assembly  in  case  the  death  penalty  had  been 
imposed  by  a  magistrate  (p.  27).  The  establishment  of 
the  tribunate  in  494  gave  them  greater  protection  against 
patrician  magistrates  (p.  28),  and  at  the  same  time  secured 
to  them  a  political  institution  in  which  the  patricians  had 
no  part.  By  the  lex  Canuleia  of  445  they  gained  the  ius 
conubii  between  themselves  and  the  patricians.  The  polit- 
ical agitation  of  the  fourth  century  secured  them  admission 


RIGHTS   OF   CITIZENS  247 

to  the  magistracies  and  to  certain  priesthoods.  The  pas- 
sage of  the  Valerio-Horatian,  PubliUan,  and  Hortensian 
laws  technically  freed  the  popular  assemblies,  and  in  par- 
.ticular  the  plebeian  tribal  assembly,  from  the  control  of 
the  patrician  element  in  the  senate  (pp.  49  f.). 

(I)  Content  of  the  Civitas  Romana.  Henceforth  citizen- 
ship meant  practically  the  same  for  patricians  and  plebeians. 
It  included  the  mra  commercii,  conubii,  provocationis ,  legis 
actionis,  suffragii,  and  the  ins  honorum.  The  privileges 
retained  by  the  patrician  consisted  in  the  right  to  hold  the 
priestly  offices  oi  flatnen  and  of  rex  sacrorum,  and  to  be 
one  of  Xh.Q  fratres  Arvales,  Salii,  and  Luperci,  to  take  part 
in  the  passage  of  the  auctoritas patrum,  to  act  as  an  interrex, 
and  to  be  a  member  of  a  gens,  and,  consequently,  of  the 
comitia  curiata  (cf.,  however,  p.  252).  On  his  side  the 
plebeian  alone  was  eligible  to  the  tribunate,  and  none  but 
plebeians  could  participate  in  the  meetings  of  the  concilium 
plebis. 

(II)  Restricted  Citizenship,  i .  Freedmen.  A  second  class 
of  freemen  enjoyed  the  rights  of  Roman  citizenship  only  in 
part,  or  when  they  had  satisfied  certain  conditions.  In  this 
category  were  the  freedmen.  They  never  gained  the  right 
to  sit  in  the  senate,  and,  up  to  the  time  of  Appius  Claudius, 
they  were  not  enrolled  in  the  tribes.  The  radical  improve- 
ment which  he  made  in  their  position  (cf.  pp.  54  ff.)  was 
partly  lost  in  the  reaction  of  304,  which  restricted  them  to 

the  four  city  tribes  (cf.  p.  56).  Numerous  attempts  were  Herz.  i.  996. 
made  by  democratic  leaders  in  the  first  century  to  secure 
them  admission  to  other  tribes,  but  without  permanent  suc- 
cess. The  concession  which  was  ultimately  made  to  them 
with  reference  to  admission  to  the  senate  has  been  noted 
in  another  connection.  They  had  the  ius  commercii  and 
technically  the  ius  conubii. 


248  REPUBLICAN    PERIOD:    DESCRIPTIVE 

As  we  have  already  seen,  certain  offenses,  or  a  reprehen- 
sible mode  of  living,  might  take  from  a  citizen  his  right  to  a 
vote,  or  might  deprive  him  of  its  full  value,  and  the  magis- 
trate presiding  at  an  election  could  refuse  to  consider  the 
claims  of  an  objectionable  candidate  (p.  169).  This,  of 
course,  amounted  to  a  loss  of  the  ius  siiffragii  or  the  ins 
hoHoru7n,  as  the  case  might  be. 

2.  Latini.    Under  \k\e.foedus  Cassianum,  which  tradition 

assigns  to  the  year  493,  the  members  of  the  Latin  league 

enjoyed  the  ius  wmmerdi,  and  probably  also  the  ius  cotiu- 

bii.     The  war  of  338   broke  the  power  of  the  league  and 

enabled    Rome   to   make   with   each    one   of  its  members 

(cf.  p.  57)  separate  arrangements,  in  all  of  which  the  ius 

St  R.  III.        coinmercii  was   seriously   restricted.      From   that   time   the 

62''  f  ■ 

lierz.  I.  rights  of  these   communities  depended  entirely   on    their 

Madv  i    8  f    treaties  with  Rome   and  differed  in  different  cases.     The 

Latin  colonies  which  the  Romans  began  to  found  in  the 

fourth  century  held  nearly  the  same  relation  to  Rome  as 

the  communities  just  mentioned,  and  a  statement  of  the 

rights  which    the   settlers   in   these    colonies   enjoyed   will 

apply  also  to  the  members  of  the  Latin  communities  allied 

with  Rome.     They  had  the  ius  cojnmenii  and  perhaps  the 

Liv.  25.  3. 16.   ius  cojiubii.     In  Rome  they  were  allowed  to  vote  in  a  tribe 

determined  by  lot.     Furthermore,  a  Latin  could  exercise 

Liv.  41.  8. 9.     the  rights  of  Roman  citizenship  in  Rome,  provided  he  had 

left  a  son  at  home.     In  the  colonies  founded  after  268  this 

Appian,  B.  C.   privilege  was  restricted  to  those  who  had  held  a  magistracy 

Cic.  pro  ^""-^  f''^'^''  the  year  mentioned,  the  ius  conuhii  was  no  longer 

Caec.  102.        given  to  new  colonies.     The  civitas  Koinana  was  probably 

granted  to  all  communities  in  Latium  in  the  early  part  of 

the  second  century,  and,  as  a  result  of  the  Social  war,  all 

cities  in  Italy  of  the  class  under  consideration  acfjuired  the 

rights  of  Roman  citizenship  (cf.  pj).  loi  f.). 


POLITICAL   DIVISIONS  249 

3.   Gives  sine  suffragio.    About  353  the  Romans  estab-   iJv.  7.  20.  8 
lished,  in  the  case  of  Caere  in  Etruria,  the  first  of  a  new  '  ^' ' 

class  of  communities  known  as  jnunicipia  sine  suffragio. 
The  peoj^le  in  these  communities  had  the  private  rights  of 
Roman  citizens,  but  they  could  not  be  enrolled  in  a  tribe, 
and,  therefore,  could  not  vote.  The  lex  lulia  and  the  lex 
Plautia  Papiria  of  90-89  did  away  with  all  communities 
of  this  class  in  Italy. 

(Ill)  Peregrini,  etc.  In  the  eyes  of  the  law  every  free- 
man who  was  not  a  Roman  citizen  was  d.  peregrin  us.  Strictly 
speaking,  therefore,  those  who  had  only  the  ius  Latii  came 
under  this  head,  but  the  term  peregri7ii  was  commonly 
applied  to  the  citizens  of  independent  states  or  of  depend- 
ent communities  which  did  not  have  the  rights  of  Roman 
citizenship  in  whole  or  in  part.  Such  a  freeman,  when  at 
Rome,  secured  protection  either  through  a  treaty  made  by  Will.  Dr. 
his  state  with  Rome,  through  the  offices  of  ih&  praetor pere-  clc.  Div.  in 
grinus,  who  administered  the  ius  gentium,  or  by  an  hospitium  '^^^^-  ^''■ 
privatu7n  arranged  with  a  Roman  citizen,  who  was  thus  put 
under  moral  obligation  to  protect  him  to  the  extent  of  his 
power.  Furthermore,  women,  minors,  and  those  of  unsound 
mind  had  no  political  rights,  and  secured  their  civil  rights 
only  through  the  kindly  offices  of  a  representative  who  was  a 
citizen.  Slaves  were  regarded  simply  as  chattels,  for  whom 
their  masters  were  responsible. 

(&)  Divisions  of  the  People  for  Political  Purposes 

292.  The  Curiae.  The  division  of  the  people  under  the 
monarchy  into  curiae,  tribes,  classes,  and  centuries  has 
already  been  considered  (cf.  pp.  18,  20-21).  The  curiae 
were  in  their  origin  local  subdivisions  for  political  purposes. 
The  local  character  of  their  origin  seems  to  be  indicated  by 


250  REPUBLICAN    PERIOD:    DESCRIPTIVE 

such  names  as  Foriensis  and  Veliensis.  Membership  in  a 
curia  was  handed  down  from  father  to  son  without  regard 
to  change  of  residence. 

293.  The  Tribes.  We  have  already  had  occasion  to 
notice  (pp.  5  f.,  21)  that  the  term  tribus  has  two,  perhaps 
three,  different  meanings.  The  four  Servian  tribes  were 
Suburana,  Esquilina,  Collina,  and  Palatina.  The  seventeen 
tribes  added  in  the  early  years  of  the  republic  (cf.  p.  27) 
were  Aemilia,  Camilia,  Claudia,  Cornelia,  Crustumina,  Fabia, 
Galena,  Horatia,  Lemonia,  Menenia,  Papiria,  PoUia,  Pupinia, 
Romilia,  Sergia,  Voltinia,  and  Voturia.  All  of  these  names 
with  the  exception  of  Crustumina,  which  is  of  local  origin, 
are  the  names  of  patrician  clans.  To  this  number  four  new 
tribes  (Arnensis,  Sabatina,  Stellatina,  and  Tron\entina)  were 
added  in  387,  two  (Pomptina  and  Poplilia)  in  358,  two 
(Maecia  and  Scaptia)  in  332,  two  (Falerna  and  Oufentina) 
in  318,  two  (Aniensis  and  Teretina)  in  300,  and  two  (Qui- 
rina  and  Velina)  in  241.  The  number  never  passed  beyond 
this  maximum  of  thirty-five.  That  no  additions  were  made 
subsequent  to  241  is  probably  due  to  the  fact  that  about 
this  time  the  tribal  organization  was  adopted  as  the  basis  of 
the  reformed  centuriate  assembly  (cf.  p.  74).  After  the  date 
mentioned,  newly  made  citizens  were  apportioned  among 
the  old  tribes.  The  importance  of  the  tribe  as  a  political 
unit  depended,  of  course,  on  the  fact  that  the  three  great 
popular  assemblies  were  based  on  it.  Membership  in  a 
tribe  was  the  mark  of  citizenship,  and  was  indicated  in  the 
legal  name,  e.g.,  C.  Lucilius  C.  f.  Pup{inia  tribti)  Hirrus. 
We  have  already  considered  (pp.  247  f.)  the  restrictions  laid 
upon  certain  classes  of  citizens  with  reference  to  their  tribal 
relations.  Membership  was  determined  at  first  by  residence 
or  the  ownership  of  land.  A  change  of  residence  did  not 
entail  a  change  of  tribe,  but  a  citizen  could  pass  into  a  new 


POPULAR   ASSEMBLIES  2$  I 

tribe  in  case  he  settled  in  a  colony,  or  he  could  be  assigned 
to  a  new  tribe  by  the  censors.  Mention  is  made  of  two 
classes  of  tribal  officials  under  the  republic,  the  curatores 
tribinim  and  the  tribuni  aerarii,  but  their  functions  are 
obscure.  Perhaps  the  former  had  to  do  with  the  elections 
and  the  census.  Possibly  the  office  of  tribuni  aerarii  was 
established  when  Rome  began  to  raise  the  tributum.  At  all 
events,  for  some  time  these  officials  seem  to  have  been  finan- 
cial officers  representing  the  several  tribes.  After  the  tribu- 
tui7i  was  given  up,  their  position  was  one  of  honor  only. 

294.  The  Classes  and  Centuries.  The  basis  on  which  the 
people  were  divided  into  classes  and  centuries  has  already 
been  touched  on  (cf.  pp.  20  f.,  54  f.,  74  f.),  and  will  be  con- 
sidered further  when  we  come  to  discuss  the  centuriate 
comitia.  A  new  assignment  was  made  by  each  college  of 
censors. 

(c)  Popular  Assemblies 

295.  Comitia.  There  were  three  classes  of  popular 
assemblies  among  the  Romans,  viz.,  comitia,  concilia,  and 
contiones.  Cojnitia  were  assemblies  of  all  the  citizens,  i.e., 
of  the  populus  Romamis,  called  for  the  purpose  of  taking 
action  on  matters  submitted  to  them  by  duly  authorized 
officials.  There  were  three  of  these  assemblies,  the  cofftitia 
curiata,  centuriata,  and  tributa,  and  they  came  into  exist- 
ence in  the  order  indicated. 

296.  Concilia.  Concilia,  in  the  political  sense  of  the 
word,  were  formal  assemblies  of  a  part  of  the  people.  Thus  a 
concilium  plebis  was  a  legislative  or  electoral  assembly  of  the 
plebeians.  The  distinction  between  comitia  and  concilium 
has  been  well  indicated  by  Laelius  Felix  (Gell.  N.  A.  XV. 
27.  4)  :  is  qui  non  universum  populum,  sed partem  aliquam 
adesse  iubet,  non  "  comitia,''  sed  "  concilium  "  edicere  iubet. 


252  REPUBLICAN    PERIOD:    DESCRIPTIVE 

297.  Contiones.  Contiones  differed  from  coinitia  and 
concilia  mainly  in  three  particulars.  The  people  came 
together  as  individuals,  and  not  as  members  of  certain 
political  organizations,  like  the  curia,  century,  or  tribe. 
Hence  a  strict  test  of  citizenship  was  not  applied.  In  the 
second  place,  these  gatherings  were  solely  for  the  purpose 
of  receiving  communications,  and  no  action  could  be  taken. 
Finally,  private  citizens,  with  the  consent  of  the  presiding 
magistrate,  could  address  the  assembly.  Contiones  resem- 
bled the  comitia  and  the  co7icilia  in  that  they  could  be 
called  by  magistrates  only,  and  that  the  procedure  in  them 
was  directed  by  the  presiding  magistrate.  A  contio  was 
usually  held  before  the  comitia  or  concilium  met,  to  hear  a 
statement  and  a  discussion  of  the  questions  which  were  to 
be  acted  on  later  in  the  more  formal  body.  They  were  not 
a  necessary  part  of  the  machinery  of  state,  but  they  exerted 
an  important  political  influence,  especially  since  political 
meetings  could  not  be  called  by  private  individuals. 

{d)  The  Comitia  Curiata 

298.  Admission  of  Plebeians.  The  organization  and 
functions  of  the  coinitia  curiata  under  the  monarchy  have 
been  considered  in  another  part  of  this  book  (cf.  pp.  19  f.). 
Whether  the  plebeians  were  admitted  is  a  matter  of  great 
doubt.  The  statements  of  ancient  writers,  the  fact  that 
plebeians  were  eligible  to  the  office  of  curio  maximus  and 
took  part  in  certain  curial  religious  rites,  seem  to  indicate 
that  they  were  admitted  to  the  curiate  assembly.  They 
probal)ly  did  not  gain  the  right  to  vote,  however,  until 
midway  in  the  rei)ublican  period. 

299.  Formalities  attending  a  Meeting.  After  the  passage 
of  the  lex  Caecilia  Didia  (p.  100),  announcement  probably 


THE   COMITIA   CENTURIATA  253 

had  to  be  made  seventeen  days  before  the  assembly  met. 
The  ordinary  place   of  meeting  was   the  comitium.     The   Varro,  L 
presiding  officer,  when  the  lex  curiata  de  imperio  was  pre- 
sented for  action,  was  a  magistrate.     On  other  occasions 
the  pontifex  7naximus  presided.      Formal  actions  of  the 
assembly  did  not  become  valid  until  they  had. received  the 
patrum  aiutoritas.     The  importance   of  this  body  disap-   Cic.  de  i 
peared    to  such  an  extent    that  in  the  later  years  of  the   nv.  a  4 
republic   the   curiae  were  at  times  represented  by   thirty   Ck. del 
lictors   and    three    augurs.      The    semi-political    functions 
which   the  curiate  corfiitia  had  exercised  under  the  mon- 
archy (pp.  14,  19  f.)  fell  to  the  centuriate  assembly,  and  the 
older  body  kept  its  jurisdiction  over  clan  affairs  only. 


(e)  Hie  Comitia  Centuriata 

300.  Composition  of  the  Comitia  Centuriata.    The  compo- 
sition of  the  centuriate  comitia  has  already  been  sufficiently 
described  (pp.  20  f.,  74  f.).     In  88  B.C.  Sulla  restored  the   Appian, 
Servian  organization    of  the  assembly,  but    the  reformed     ' 
system  was  speedily  reinstated  again. 

301.  Presiding  Officer.  The  centuriate  comitia  was  in 
its  origin  a  military  body.  It  could,  therefore,  be  called 
together  only  by  magistrates  who  had  the  imperium,  or  by  Varro,  I 
lower  officials  commissioned  or  allowed  by  higher  magis-  '  ' 
trates  to  issue  a  summons.  The  right  which  the  censor 
exercised  to  call  a  meeting  of  the  people  by  centuries  in 
taking  the  census  was  only  an  apparent  exception  to  this 
principle.     No  vote  was  taken  in  the  assembly  called  by 

him,  so  that  the  meeting  was  not  properly  a  meeting  of 
the  comitia  centuriata.  When  the  assembly  met  to  elect 
consuls,  censors,  or  praetors,  of  the  regular  magistrates  only 
the  consul  could  preside  (p.  176). 


254  REPUBLICAN    PERIOD:    DESCRIPTIVE 

302.  Dies  Comitiales.  The  days  on  which  the  assembly 
could  meet  (^dies  comitiales)  numbered  one  hundred  and 
ninety  in  the  early  imperial  period,  and  were  indicated  in 
the  calendar  by  the  letter  C.  Assemblies  could  not  be  held 
on  holidays  {dies  7iefasti).  nor  on  days  set  apart  for  meet- 
ings of  the  courts  (dies  fasti).  The  regular  place  of  meeting 
was  the  Campus  Martins. 

303.  Announcement  of  Meetings.  After  the  passage  of 
the  lex  Caecilia  Didia  (p.  100),  announcement  had  to  be 
made  for  a  period  of  seventeen  days  before  the  date  of 
the  proposed  meeting.  The  announcement  took  the  form 
of  a  magisterial  edict  giving  the  date  and  purpose  of  the 
meeting.  This  edict  included  the  text  of  the  proposed 
bill,  the  list  of  candidates,  or  the  names  of  persons  accused, 
with  a  statement  of  the  charges  made  against  them,  accord- 
ing as  the  ccmtitia  met  as  a  legislative,  electoral,  or  judicial 
assembly. 

304.  The  Auspices.  Shortly  after  midnight  on  the  day 
of  the  pro])Osed  meeting  the  prospective  presiding  officer, 
accompanied  by  an  augur,  took  the  auspices.  If  the  inter- 
pretation of  them  by  the  augur  was  unfavorable,  the  meet- 
ing was  postponed  to  another  day.  Even  if  the  auspices 
were  favorable,  two  religious  difficulties  might  lead  to  a 
postponement,  viz.,  the  announcement  of  another  magis- 
trate that  he  had  seen  unfavorable  omens,  or  the  occur- 
rence of  dirae  at  the  time  of  the  meeting.  The  plan  which 
the  Romans  finally  adopted  in  dealing  with  cases  of  this 
sort,  and  the  responsibility  of  the  presiding  magistrate,  have 
already  been  considered  (cf.  pp.  158-160). 

305.  Other  Formalities.  In  case  he  found  no  obstacles 
in  the  way  of  holding  the  meeting,  on  the  spot  where  he 
had  taken  the  auspices,  the  magistrate,  through  an  assistant, 
proceeded   to  summon   the  citizens   to  a  meeting  {yocare 


THE    COMITIA    CENTURIATA  255 

inliciutn    Quirites) .      The    summons   was    repeated    by   a   Varro,  L.  L. 
trumpeter  on  the  walls  and  on  the  Arx,  and  a  red  "flag  was  5  ^3-95  • 
raised   on   the  Arx.      Immediately  before  the   holding  of  Liv.39. 15.  n 
the  comitia,  a  contio  was  called  at  which  the  magistrate  who   Varro,  L.  L. 
had   summoned    the  comiiia  presided.      After   a   sacrifice   5]  g^.'   '     ' 
had  been  made,  and  prayer  had  been  offered,  the  busi-   Liv.39  15. i 
ness  to  come  before  the  comitia  was  stated  and  discussed    Mur.^i? 
(cf.  p.   252).     After  the  contio  the  magistrate  summoned 
the  people  to  assemble  by  centuries  in  the  comitia  with  the 
words  impero  qua  convenit  ad  comitia  centut'iata.     There- 
upon those  who  did  not  have  the  right  to  vote  retired,  and   Liv.  2. 56.  k 
the  citizens  arranged  themselves  in  centuries  under  their 
respective  centiiriones. 

306.    Method  of  Voting.     Before  the  reform  of  241  the 
eighteen  centuries  of  knights  voted  first,  all  the  centuries 
voting  simultaneously,  and    the   result  of  their  vote  was 
announced  ;  then  came  the  centuries  of  the  first  and  of  the   Liv.  i.  43.  n 
second  class,  and  so  on,  until  a  majority  of  the  centuries 
had  voted  in  favor  of  a  certain  proposition.     In  point  of 
fact  the  knights  and  the  pedites  of  the  first  class  usually 
voted  in  the  same  way.     If  that  proved  to  be  the  case,  it 
was  not  necessary  to  continue  voting  after  the  centuries  of 
the  first  class  had  cast  their  ballots,  as  their  eighty  centuries 
with  the  eighteen  equestrian  centuries  constituted  a  majority 
of  the  assembly.     Under  the  reform  legislation  of  241  the 
knights  lost  their  privilege  of  voting  first.     The  order  of 
the  classes  was  still  observed,  however,  and  a  century  was 
chosen  by  lot  {^centuria  praerogativa)  from  the  first  class,   Liv.  24.  7, 12 
whose  privilege  it  was  to  vote  and  have  its  vote  announced   ck.  Phil, 
before  the  ballots  of  the  other  centuries  were  cast.     A  large   ^-  ^^■ 
enclosure,  called  the  saepta  or  ovile,  was  set  apart  for  the   Herz.  i. 
voters,  with  small  sections  for  the  members  of  each  century,    "a^nge'^'ii.' 
and  as  the  voters  went  out  of  these  enclosures  through  the  487  f- 


256  REPUBLICAN    PERIOD:    DESCRIPTIVE 

narrow  passages  {pontes),  they  cast  their  ballots.     During 

the  early  republican  period,  citizens  gave  their  votes  viva 

voce,  but  after  the  passage  of  the  leges  tabellariae  (cf.  p.  71), 

toward  the  end  of  the  second  century,  balloting  was  secret. 

At  legislative  meetings  each  voter  received  an  affirmative 

Cic.  adAtt.     ballot   bearing    the    letters    U.  R.  (i.e.,  uti  rogas),  and   a 

deLegg^-'.-?8.   negative  ballot  marked  A.  (i.e.,  antiqiw^.     At  meetings  to 

Piut.  Cat.        elect  magistrates  each  voter  received  a  blank  tabella,  on 

Min.  46.  which  he  wrote  the  name  of  the  candidate  of  his  choice. 

When  the  comitia  met  as  a  judicial  assembly,  he  received 

two  tablets,  one  marked  L.  (i.e.,  iibero)  and  the  other  D. 

(i.e.,  damno).     The  proper  ballot  was  placed  by  the  voter 

Cic.  in  Pis.  36.   in  the  cista,  which  was  guarded  by  the  rogatores  or  diribi- 

tores.     A  majority  of  the  votes  in  the  century  determined 

the  vote  of  the  century,  and  a  majority  of  the  centuries 

decided  the  vote  of  the  whole  assembly.     Announcement 

Lex  Malaci-     of  the  result  {renuntiatio)  was  made  by  the  presiding  officer, 

ana,  c.  57.       ^j^^  j^^^  ^  certain  amount  of  discretionary  power  in  the 

case  of  the  elections.     It  was  necessary  for  the  comitia  to 

adjourn  before  sunset. 

307.  The  Centuriate  Comitia  as  an  Electoral  Body.  The 
centuriate  comitia  met  for  three  different  purposes,  viz.,  to 
elect  the  higher  magistrates,  to  enact  laws,  and  to  hear 
appeals  in  cases  involving  the  death  penalty.  Of  the  reg- 
ular magistrates,  it  chose  the  consuls,  the  censors,  and  the 
praetors ;  of  the  extraordinary  magistrates,  the  decemviri 
legibus  scrihimdis  and  the  consular  tribunes.  At  the  outset 
it  probably  had  the  right  only  to  accept  or  reject  a  nomi- 
nation made  by  the  presiding  officer,  but,  at  a  compara- 
tively early  period,  it  acquired  the  power  of  choosing 
between  several  candidates,  although  the  presiding  magis- 
trate could  always  exercise  some  discretion  with  reference 
to    the    eligibility    of  the    candidates    (cf.  pp.    169,   171). 


THE   COMITIA   CENTURIATA  257 

Before  the  passage  of  the  lex  Maefiia  in  2S7  (cf.  p.  51)  an 
election  needed  the  ratification  of  the  patrician  senators, 
expressed  in  the  patriun  aicctoritas.  After  that  date  the 
patruin  mutoritas  preceded  the  election  and  became  a  mere 
matter  of  form. 

308.  The  Centuriate  Comitia  as  a  Legislative  Assembly. 
At  the  outset,  in  the  field  of  legislation,  the  centuriate 
comitia  exercised  only  the  right  to  declare  an  offensive  war, 
a  right  which  was  transferred  to  it  from  the  curiate  assem- 
bly. Soon  after  the  republic  was  established,  however,  it 
acquired  the  power  of  legislating,  under  certain  conditions, 
on  any  subject  (cf.  p.  27).  After  449  it  shared  this  privi- 
lege with  the  conciliinn  plebis  (cL  p.  32),  and  after  447 
also  with  the  patricio-plebeian  tribal  assembly  (cf.  p.  33). 
The  restrictions  laid  on  both  these  bodies  enabled  it  to 
retain  its  supremacy,  however,  until  287.  From  that  time 
on,  since  they  were  as  free  as  the  centuriate  comitia,  or 
freer  than  it,  and  since  their  method  of  procedure  was 
simpler  than  that  of  the  centuriate  comitia,  their  place  of 
meeting  more  convenient,  and  their  composition  more 
democratic,  the  importance  of  the  centuriate  cojnitia  de- 
cHned  rapidly.  No  sure  line  of  distinction  can  be  drawn 
between  the  legislation  which  the  centuriate  comitia  could 
enact  and  that  which  the  two  tribal  assemblies  could  pass, 
except  that  the  centuriate  assembly  retained  its  exclusive 
right  to  declare  an  offensive  war,  and  to  pass  an  act, 
modeled  on  the  lex  de  impcrio  of  the  curiate  assembly, 
conferring  plenary  power  on  the  censor,  an  act  known  as 
the  lex  de  potestate  censoria.  The  ordinary  method  of  pro- 
cedure in  securing  the  passage  of  a  lex  in  the  centuriate 
comitia  was  as  follows  :  the  consul  laid  a  subject  before 
the  senate  for  consideration  ;  its  action,  if  not  vetoed,  was 
known  as  a  scnatus  consultum,  and  took  the  form  of  advice, 


258  KErUBLlCAN    PERIOD:    DESCRIPTIVE 

or  of  a  request  that  the  magistrate  should  lay  a  certain 
proposition  before  the  popular  assembly  for  its  favorable 
consideration.  Announcement  of  the  bill  (^promiilgatio 
legis)  had  to  be  made  by  the  magistrate  seventeen  days 
before  the  assembly  could  vote  on  it.  In  this  interval 
probably  the  patriim  auctoritas  was  secured.  On  the 
appointed  day  the  bill  was  read  and  discussed  in  a  contio, 
and  the  people  voted  on  it  immediately  afterward  in  the 
comitia.  As  we  have  already  noticed  (p.  177),  the  consul 
was  not  required  to  consult  the  senate  beforehand,  nor 
was  he  theoretically  obliged  to  bring  a  proposition  recom- 
mended by  the  senate  before  the  cotnitia,  or  if  he  did 
propose  the  measure,  he  could  oppose  its  passage,  but,  for 
reasons  already  given,  magistrates  rarely  exercised  these 
constitutional  rights. 

309.  The  Centuriate  Comitia  as  a  Court  of  Appeal.  The 
right  to  inflict  capital  punishment  was  included  under  the 
hnperiuni,  but,  from  an  early  period,  citizens  in  the  city 
who  were  condemned  to  death  by  a  magistrate  were  allowed 
to  appeal  to  the  people.  This  privilege  was  extended  and 
confirmed  by  the  lex  Valeria,  the  lex  Valeria  Horatia 
Liv.  10.  9.  (p.  31),  the  leges  Porciae,  and  the  lex  Sempronia.  The 
^ic.'pro  Rab.  appeal  was  heard  by  the  centuriate  comitia.  The  quaestors, 
//  viri  perduellionis,  or  tribunes  in  charge  of  the  matter, 
appointed  a  day  (diem  dicere)  for  the  first  hearing.  This 
was  known  as  the  prima  accusatio.  In  this  meeting  the 
charge  and  defense  were  heard,  and  arrangements  were 
made  for  another  hearing,  known  as  the  secttnda  accusatio, 
when  the  investigation,  with  the  taking  of  testimony,  was 
continued.  After  the  third  contio  (iertia  accusatio)  the 
magistrate  gave  his  decision,  and  announced  the  penalty, 
upon  which  the  accused,  if  he  wished,  could  appeal  to  the 
centuriate  assembly.     That  assembly  voted  on  the  simple 


THE   COMITIA    TRIBUTA  259 

question  of  guilt  or  innocence.  It  could  not  modify  in 
any  way  the  proposed  sentence.  After  a  date,  which  we 
cannot  fix,  the  accused  was  allowed  to  go  into  voluntary 
exile  at  any  time  before  the  vote  was  taken  in  the  amiitia. 
The  two  classes  of  cases  which  were  most  commonly  car- 
ried before  the  centuriate  assembly  were  those  of  murder 
i^parricidmvi)  and  treason  (^pcrduellid).  The  proceedings 
in  non-political  cases  were  usually  conducted  by  the  quaes- 
tor, in  political  cases  by  the  tribune,  under  the  presidency 
of  the  praetor.  The  establishment  of  quaestiones  extraor- 
dinariae  took  many  cases  out  of  the  hands  of  the  quaestor 
and  the  centuriate  assembly.  The  lex  Sejnpronia  of  the 
year  123  (p.  98)  was  intended  to  correct  this  practice, 
and  in  some  measure  it  restored  the  importance  of  the 
coviitia  centuriata  as  a  court  of  appeal.  That  body  lost  its 
judicial  functions  entirely,  however,  after  the  establishment 
by  Sulla  of  a  complete  system  of  permanent  courts.  Crim- 
inal trials  were  conducted  in  them  in  a  simpler  and  more 
satisfactory  way,  and  since  the  severest  penalty  which  they 
imposed  was  that  of  banishment,  there  were  no  appeals  to 
be  taken  to  the  amiitia  centuriata. 

if)  TJte  Coniitia  Trihuta 

310.  The  Existence  of  a  Patricio-Plebeian  Tribal  As- 
sembly. No  ancient  historian  mentions  the  establishment 
of  a  tribal  assembly  including  patricians  as  well  as  ple- 
beians, nor  is  any  distinction  drawn  between  the  comitia 
tributa  and  the  concilium  plebis.  In  fact,  in  one  case  at  Liv.  2.  56. 2. 
least,  the  plebeian  tribal  assembly  is  spoken  of  as  the  comitia 
tributa.     This  state  of  things  has  led  some  modern  scholars 

Madv.  I.  235 ; 

to  mamtam  that  there  was  only  one  tribal  assembly,  from   ihne,  Rhein. 
whose  meetings  the  patricians  were  excluded,  an  assembly   28"-67  f. 


260  REPUBLICAN    PERIOD:    DESCRIPTIVE 

indifferently  called    the    co7nitia    trihuta  or    the    cojicilium 
plebis.    However,  the  people  meeting  in  the  coviitia  tributa 
Herz.  are  designated  by  the  term  popiilus,  which  in  the  republican 

■  ^^~^'  "■  ''■  period  can  properly  be  appHed  only  to  a  body  made  up  of 
all  citizens,  patricians  as  well  as  plebeians.  Furthermore, 
in  a  tribal  assembly,  presided  over  by  a  magistrate,  as  we 
shall  presently  see,  certain  officials  were  elected  to  whom 
the  term  magistratus  in  its  technical  sense  (cf.  pp.  151, 
171)  was  applied.  Their  election  and  the  fact  that  a 
magistrate  presided  presuppose  an  assembly  containing 
both  patricians  and  plebeians.  On  the  whole,  then,  the 
existence  of  a  patricio-plebeian  tribal  assembly  is  highly 
probable.  The  assembly  came  into  existence  in  the  middle 
of  the  fifth  century  (cf.  p.  33),  immediately  after  the  organi- 
zation of  the  plebeian  tribal  assembly. 

311.  Composition.  We  have  no  direct  evidence  bearing 
on  the  composition  of  the  comitia  tributa,  but  it  may  be 
safely  assumed  that  all  patricians  and  plebeians  belonging  to 
the  thirty-five  tribes  voted  in  the  assembly. 

312.  Meetings.  The  co?nitia  tributa  were  presided  over 
by  a  magistrate.  It  was  necessary  to  take  the  auspices 
before  a  meeting  was  held.  The  usual  place  of  meeting 
was  the  forum.  The  method  of  voting  was  that  followed 
in  the  centuriate  cofnitia.  After  the  passage  of  the  Hor- 
tensian  law  the  action  of  the  assembly  did  not  need  the 
patriim  auctoritas  to  be  valid. 

313.  The  Comitia  Tributa  as  an  Electoral,  Legislative, 
and  Judicial  Body.  When  the  quaestorship  became  an 
elective  office  its  incumbents  were  chosen  in  this  assembly 
(P-  33 )>  ^''^*i  this  became  the  regular  method  of  electing 
them.  Later  the  curule  aediles  were  chosen  in  it,  and  in 
fact  all  the  lower  magistrates,  as  well  as  the  members  of 
certain  special  commissions  (cf.  pp.  204,  210,  216).     The 


THE   CONCILIUM    PLEBIS  261 

tribal  comitia  could  legislate  apparently  on  any  subject,  and, 
as  we  have  already  seen  (p.  257),  it  is  impossible  to  dis- 
tinguish between  the  three  popular  assemblies  with  respect 
to  the  character  of  the  subjects  on  which  they  took  action. 
Certain  judicial  cases,  conducted  by  the  curule  aedile,  were 
heard  before  it  (cf.  p.  206), 

314.  The  Modified  Comitia  Tributa.  A  modified  fonn  of 
the  comitia  tributa  was  adopted  at  an  unknown  date  for  the 
choice  of  the  poJitifex  maximus.  Seventeen  of  the  thirty- 
five  tribes  were  chosen  by  lot,  and  summoned  to  a  meeting 
for  the  election  of  this  official  from  among  the  pontiffs. 
The  arrangement  was  a  compromise.  It  gave  a  popular 
character  to  the  choice  and  yet  retained  in  part  the 
religious  principle  of  cooptation.  In  the  same  assembly, 
and  by  a  somewhat  similar  method,  the  pontifices,  aiigures, 
XVviri,  and  Vllviriepuhmes  were  chosen  after  the  passage 
of  the  lex  Domitia  in  104  (cf.  p.  107). 

{g)  Tlie  Conciliunt  Plebis 

315.  Composition  and  Presiding  Officer.     We  have  had 
occasion  to  notice  the  fact  that  the  earliest  plebeian,  like  the 
patrician,  assembly  was  probably  organized  on  the  curiate   Will.  Dr. 
basis.     The  controUing  influence  which  the  patricians  were        ' 
able  to  exercise   over  this  assembly  through   their  clients 

(p.  29)  may  well  have  led  to  the  adoption  of  the  tribal 
system  in  471.  Only  plebeians  could  vote  in  this  new  Liv.2.56  2< 
body,  and  no  change  was  ever  made  in  this  regulation.  ^'  °'  '^ 
Down  to  312  this  privilege  was  enjoyed  by  plebeian  land- 
ovmers  only.  The  right  was  extended  to  landless  plebeians 
in  312,  but  after  the  reaction  of  304  they,  as  well  as  freed- 
men,  were  restricted  to  the  four  city  tribes  (cf.  pp.  54, 
56,  247).     The  Latins  had  the  right  also  to  vote  in  one 


262  REPUBLICAN    PERIOD:    DESCRIPTIVE 

tribe  determined  by  lot  (cf.  j).  248).  The  meetings  of 
this  body  were  technically  concilia  plebis  (cf.  p.  251),  and 
not  comitia.  Since  the  assembly  was  strictly  plebeian,  the 
presiding  officer  was  always  a  plebeian  official  —  either  a 
tribune  or  an  aedile. 

316.  Place  and  Time  of  Meeting.  The  authority  of 
the  tribune  did  not  extend  beyond  the  pomoeriuj/i,  so  that 
the  concilium  plebis  met  \vithin  the  city,  usually  in  the 
comitium,  occasionally,  however,  on  the  Capitol.  There 
were  no  specified  dies  comitiales,  as  in  the  case  of  the 
centuriate  comitia  (cf.  p.  254).  Meetings  were  commonly 
held  on  market  days,  when  large  numbers  of  people  were 
likely  to  come  into  the  city.  The  time  and  place  and  the 
business  which  was  to  be  taken  up  were  announced  some 
days  before  the  meeting  was  held.  In  fact,  from  a  compara- 
tively early  period  the  practice  grew  up  of  announcing  on 
a  market  day  a  meeting  to  be  held  a  trinum  nundinum,  or 
seventeen  days,  later.  On  the  first  and  second  market 
days,  as  well  as  on  the  market  day  when  the  voting  took 
place,  there  were  usually  contiones. 

317.  Auspices  and  Other  Formalities.  The  lex  Aelia 
Fufia  of  the  year  155  (cf.  p.  160)  seems  to  have  subjected 
the  conciliutn  plebis  to  the  same  religious  regulations  which 
applied  to  the  centuriate  comitia.  After  its  passage  it  was 
necessary  for  the  tribune  to  take  the  auspicia  pullaria 
before  calling  the  assembly  together,  and  the  meeting  was 
liable  to  the  same  kind  of  interference  on  religious  grounds 
as  the  other  popular  assemblies. 

Before  the  concilium  a  contio  met  in  the  cotnitiutn  o\  forum, 
and  was  addressed  from  the  rostra  by  the  presiding  officer, 
or  by  speakers  whom  he  allowed  to  address  the  meeting. 

318.  Voting.  At  the  close  of  the  contio  the  people 
assembled  by  tribes,  fur  the  })urj)ose  of  voting,  in  sections 


TKE   CONCILIUM    PLEBIS  263 

marked  off  for  the  reception  of  the  several  tribes.  A  lot 
was  first  cast  to  decide  in  which  tribe  the  Latins  were  to 
vote ;  then  one  of  the  thirty-five  tribes  was  chosen  by  lot 
to  cast  its  vote  first  (^prmcipiuni),  and  as  soon  as  its  vote 
was  announced  the  others  voted  simultaneously.  The 
method  of  voting  was  the  same  as  in  the  centuriate  assem- 
bly (cf.  pp.  255  f.).  The  assembly  was  essentially  a  demo- 
cratic body.  Certain  considerations,  however,  tended  to 
increase  or  diminish  the  value  of  an  individual  vote.  The 
larger  the  tribe  was  to  which  a  citizen  belonged,  so  much  the 
less  influence  his  vote  had.  Now  the  four  city  tribes  were 
much  larger  than  the  country  tribes  created  before  387,  and 
the  tribes  added  after  387  were  also  larger  than  the  early 
country  tribes,  because  of  the  additions  which  were  made  to 
the  list  of  citizens  by  conquest  and  by  the  grant  of  citizen- 
ship. Those  who  belonged  to  the  city  tribes  or  to  the  new 
rural  tribes  were,  therefore,  at  a  disadvantage  when  com- 
pared with  the  members  of  the  old  rural  tribes.  One  factor 
tended  to  diminish  still  more  the  value  of  a  vote  in  one  of 
the  new  country  tribes,  but  to  increase  the  importance  of  an 
urban  vote.  It  was  easy  for  those  who  lived  in  the  city  to 
attend  a  concilium,  but  difficult  for  those  at  a  distance. 

319.  The  Concilium  Plebis  as  an  Electoral  Body.  The 
conciUiini  plebis  was  established  primarily  for  the  purpose 
of  electing  the  tribunes,  and  those  officials  were  always 
chosen  by  it.  The  plebeian  aediles  were  chosen  in  the 
same  assembly.  An  interesting  extension  of  the  electoral 
rights  of  the  body  was  made  during  the  Gracchan  period 
when  commissioners  were  elected  in  the  concilium  plebis  for 
the  division  of  state  land.  This  precedent  proved  to  be  of 
great  importance  later,  since  the  Gabinian  and  Manilian 
laws,  which  conferred  extraordinary  powers  on  Pompey, 
were  passed  in  this  body. 


264  RETUBLICAN    TERIOD:    DESCRIPTIVE 

320.  As  a  Legislative  Body.  The  combined  effect  of 
the  Valerio-Horatian  law  of  449,  the  PubliUan  of  339,  and 
the  Hortensian  of  287,  was  to  make  the  co?ic'iIium  plehis  an 
independent  legislative  body  (pp.  49  ff.).  After  287  the 
approval  of  the  patrician  element  in  the  senate  became 
unnecessary,  but  the  senate  was  still  able  to  control  legis- 
lation in  large  measure  (cf.  pp.  65  ff.).  The  plebeian  assem- 
bly seems  to  have  been  competent  in  Cicero's  time  to  legis- 
late on  any  subject,  except  the  declaration  of  an  offensive 
war,  and  such  administrative  questions  as  the  assignment  of 
state  land  to  individuals,  the  appointment  of  commissions, 
and  the  prorogatio  imperii,  were  brought  up  in  the  tribal 
assemblies,  preferably  in  the  co/iciliufn  plebis,  rather  than  in 
the  centuriate  comitia.  In  the  later  period  the  plebeian 
assembly  even  annulled  contracts  made  by  the  censor  and 
in  this  way  encroached  on  the  rights  of  the  magistrate  and 
the  senate.  Its  enactments  were  called  plebiscita.  The 
three  laws  just  mentioned,  however,  gave  such  measures  the 
force  of  leges,  so  that  the  action  of  the  assembly  is  not 
infrequently  termed  lex  plebeiiiescitum. 

321.  As  a  Judicial  Body,  The  circumstances  under 
which  the  criminal  jurisdiction  of  the  tribune  developed 
have  already  been  mentioned  (pp  199  f.).  One  class  of 
cases,  however,  deserves  special  notice.  The  lex  Aternia 
Tarpeia  of  454  would  seem  to  have  conferred  on  all  magis- 
trates the  right  of  imposing  a  fine  not  to  exceed  two  sheei) 
and  thirty  oxen,  or,  according  to  the  money  valuation  of  a 
later  day,  3020  asses.  An  appeal  taken  from  the  decision 
of  a  magistrate  was  carried  to  the  comitia  trihiita,  but  an 
appeal  from  a  fine  imposed  by  a  tribune  or  a  plebeian  aedile 
was  heard  by  the  concilium  plehis.  The  institution  of  the 
quaestiones  perpetiiae  did  away,  however,  with  the  judicial 
functions  of  the  latter  body. 


THE   CONCILIUM    PLEBIS  265 


Selected  Bibliography^ 

Citizens  and  their  rights:  M.  Voigt,  Ueber  d.  Klientel  u.  Liber- 
tinitat,  Ber.  d.  k.  sachs.  Ges.  d.  Wiss.,  Philol.  hist.  Kl.,  1878,  i  Abt. 
146-219 ;  F,  Lindet,  De  I'acquisition  et  de  la  perte  du  droit  oi  cite 
romaine,  Paris,  1880;  L.  Pinvert,  Du  droit  de  cite,  Paris,  ^885; 
A.  Josson,  Condition  juridique  des  affranchis  en  droit  rom.,  Douai, 
1879;  L.  Pardon,  De  aerariis,  Berlin,  1853. — Division  of  the 
people  for  political  purposes:  Pelham,  The  Roman  curiae,  Journ. 
of  Phil.  IX.  266-279;  Soltau,  Entstehung  der  altromischen  Volks- 
versammlungen,  Berlin,  1881;  Kubitschek,  De  rom.  trib.  origine  ac 
propagatione,  Vienna,  1882 ;  Pliiss,  Die  Entwicklung  d.  Centurien- 
verf.,  Leipzig,  1870.  —  Popular  assemblies:  Soltau,  Altr.  Volksver- 
sammlungen ;  Ullrich,  Die  Centuriatkomitien,  Landshut,  1873 ; 
Genz,  Die  Centuriatkomitien  nach  der  Reform,  Freienwalde,  1882; 
C.  Bems,  De  comitiorum  tributorum  et  conciliorum  plebis  discri- 
mine,  Wetzlar,  1875;  Soltau,  Die  Giiltigkeit  der  Plebiscite,  Berlin, 
1884;  Ihne,  Die  Entwickelung  d.  Tributkomitien,  Rhein.  Mus.  (N.F.), 
XXVIII  (1873),  353  ^-  >  Lange,  Die  promulgatio  trinum  nundinum, 
Rhein.  Mus.  (N.F.),  XXX  (1875),  35°  ^-  5  E.  Morlot,  Les  cornices 
electoraux  sous  la  republique  romaine,  Paris,  1884;  Ch.  Borgeaud. 
Histoire  du  plebiscite,  Paris,  1887 ;  K.  W.  Ruppel,  Die  Teilnahme 
der  Patricier  an  den  Tributkomitien,  Heidelberg,  18S7. 

Supplementary  Literature,   1901-1910 

Botsford,  The  Roman  Assemblies.     New  York,  1909. 

Soltau,  Giiltigkeit  der  Plebiscite.   Berliner  Studien,  II  (1885),  1-176. 

Greenidge,   The   Authenticity  of  the   Twelve   Tables.     Eng.  Hist. 

Review,  XX  (1905),  1-21. 
Lambert,  JL'histoire   traditionelle   des   XII   Tables.    Melanges  Ch. 

Appleton.     Paris,  1903. 

*  See  also  pp.  22,  173,  219,  243. 


Part  III  —  Imperial  Period 


SECTION    I  — HISTORICAL 
CHAPTER  XII 

THE  ESTABLISHMENT  OF   THE   EMPIRE 

322.  Restoration  of  Order  in  Italy.  When  Octavius 
returned  to  Italy  in  the  summer  of  29,  he  was  confronted 
by  a  state  of  things  not  unUke  that  which  faced  him  after 
the  battle  of  Philippi  (cf.  p.  143).  It  was  necessary  to 
relieve  the  poverty-stricken  people  of  Italy  at  once,  to 
provide  lands  for  the  veterans,  and  to  decide  upon  a 
policy  with  reference  to  the  soldiers  of  Antony.  The 
prudence  and  moderation  which  he  had  shown  on  the 
previous  occasion  encouraged  friend  and  foe  alike  to  look 
for  a  wise  policy  now.  This  expectation  was  not  disap- 
pointed. His  very  arrival  in  Italy  inspired  that  confidence 
in  the  future  which  is  the  precursor  of  ])ros])erity,  while 
immediate  financial  difficulties  were  relieved  by  a  liberal 
use  of  the  treasures  of  Egypt.  One  hundred  and  twenty 
thousand  veterans  were  provided  with  land,  not  by  con- 
fiscation, but  by  purchase  at  a  total  cost  of  600,000,000 
sesterces,  as  Octavius  himself  tells  us  in  the  Monumentum 
Ancyranum,  and  in  pursuance  of  the  same  wise  policy  a 
general  amnesty  was  granted  to  the  followers  of  Antony 
and  Sextus  Pompeius.     The  beneficial  results  of  this  course 

266 


ESTABLISHMENT    OF   THE   EMPIRE  26/ 

were  apparent  at  once  in  the  rise  of  the  price  of  land  and 
in  the  revival  of  trade,  and  Octavius  received  immediate 
recognition  of  his  services  in  restoring  prosperity  in  the 
extraordinary  popularity  which  he  enjoyed,  —  a  factor  that 
helped  him  in  no  small  degree  in  making  the  great  political 
changes  which  he  had  in  mind. 

323.  Constitutional  Position  of  Octavius  from  32  to  27. 
It  does  not  seem  to  be  possible  to  make  out  with  cer- 
tainty the  authority  by  virtue  of  which  he  made  his  pre- 
liminary arrangements.  In  the  year  32,  when  he  deposed 
Antony  (cf.  p.  146),  he  probably  resigned  his  own  posi- 
tion as  triumvir,  but  he  would  seem  to  have  been  vested 
at  once  with  extraordinary  powers  similar  to  those  which 
he  gave  up.  This  was  the  basis  of  his  authority  down  to 
29  B.C.,  when  another  change  took  place  of  which  we  know 
as  Uttle.  It  seems  rather  probable,  however,  that  in  the 
year  29  the  consular  iniperium  was  conferred  on  him, 
together  with  the  control  of  the  army  and  the  provinces, 
and  the  right  to  hold  the  census. 

324.  The  Change  made  in  27  B.C.  The  problem  which 
he  set  himself  to  solve  was  to  retain  his  position  as  master 
of  the  state,  yet  at  the  same  time  to  keep  intact  the  old 
forms  of  the  constitution.  Various  methods  of  accom- 
plishing this  object  seem  to  have  occurred  to  him,  and 
to  have  been  tried,  before  he  estabhshed  his  authority  on 
the  basis  on  which  it  finally  rested.  Two  of  these  attempts 
have  been  mentioned  in  the  preceding  paragraph.  A  third 
essay  was  made  in  27  B.C.  At  a  meeting  of  the  senate, 
held  on  the  13th  of  January  in  that  year,  he  transferred 
the  control  of  the  state  to  the  senate  and  people.  As 
he  himself  puts  it  in  the  Monumentum  Ancyranum,  rem 
pitblicam  ex  mea  potestate  m  senatSjis  popuUqiie  Ro7nani 
a\rbitrium  transtuli.     This  transfer  of  authority  was  only 


268  IMPERIAL    PERIOD:    HISTORICAL 

a  temporary  one,  and  ancient  (e.g.,  Dio,  LIII.  3-1 1)  as 
well  as  modern  historians  have  not  hesitated  to  characterize 
it  as  a  political  manoeuvre,  since  he  retained  the  consul- 
ship and  the  tribunician  power,  and  the  senate  immedi- 
ately conferred  on  him  the  imperium  proconsulare  for  a 
period  of  ten  years,  and  the  title  of  Augustus.  It, is  quite 
possible  that  he  wished  to  make  the  Roman  people  feel 
the  need  of  his  directing  hand  by  bringing  them  face  to 
face  with  the  possibiUty  of  his  withdrawal  from  public  Ufe, 
and  to  make  the  extraordinary  powers  which  he  received 
afresh  from  them  seem   their  free  gift  to  him. 

Modern  historians  have  called  attention  to  the  fact, 
however,  that  there  is  an  essential  constitutional  difference 
between  his  new  and  his  old  powers.  His  old  position 
was  monarchical  in  some  respects.  His  new  authority 
was  not  essentially  out  of  harmony  with  republican  tradi- 
tion, and  this  change  was  undoubtedly  in  his  mind  a  great 
gain.  It  was  a  step  also  in  harmony  with  his  carefully 
observed  policy.  His  proconsular  jjower  was  not  radically 
different  from  that  which  had  been  exercised  at  various 
times  under  the  republic.  Furthermore,  it  was  granted  for 
a  limited  period,  of  ten  years,  and  was  exercised  only  over 
the  border  provinces,  where  troops  were  still  necessary. 
The  management  of  the  older  provinces  was  intrusted  to 
the  senate,  and  the  control  of  Italy  was  vested  in  the 
senate  and  the  magistrates,  as  it  had  been  under  the 
republic.  As  consul,  and  in  his  exercise  of  the  potestas 
tribunicia,  which  had  been  conferred  on  him  in  the  year 
36,  the  principle  of  collegiality  was  observed,  and  his 
incumbency  of  the  consulshij),  like  that  of  his  colleagues 
in  the  office,  depended  upon  an  election  in  the  popular 
assembly.  It  is  evident  that  the  forms  of  the  old  consti- 
tution   had    been    preserved    with   great   success.     At   the 


ESTABLISHMENT   OF   THE   EMPIRE  269 

same  time  Augustus  had  secured  the  supreme  power  which 
he  wished.  The  proconsular  imperium  over  the  unsettled 
provinces  gave  him  command  of  the  army  and  navy,  and 
the  power  of  appointing  indirectly  all  the  governors  in  the 
provinces  where  legions  were  stationed.  Henceforth,  too, 
he  would  have  no  occasion  to  fear  a  rival.  In  his  exer- 
cise of  the  tribunician  or  consular  power  he  was  associated 
with  colleagues  of  nominally  equal  rank,  but  he  was  raised 
so  far  above  them  in  the  eyes  of  the  people,  that  inde- 
pendent action  on  their  part  was  scarcely  conceivable. 

325.  The  Titles  of  Augustus  and  Princeps.  The  title 
Augustus  had  no  direct  political  meaning,  but,  like  the 
laurels  which  were  placed  on  the  doorposts  of  Octavius' 
house  on  the  Palatine,  it  distinguished  him  from  other  citi- 
zens, and  was  a  mark  of  the  preeminence  which  was  freely 
conceded  to  him.  This  preeminence  was  also  well  expressed 
in  the  title  princeps.  It  has  sometimes  been  maintained 
that  this  title  was  first  applied  to  Octavius  in  the  senate 
in  the  restrictive  and  traditional  sense  of  princeps  senatus, 
and  came  in  time  to  characterize  him  as  the  first  citizen 
in  the  commonwealth,  the  princeps  civitatis  ;  but  it  is  more 
probable  that  the  title  never  had  this  restricted  meaning, 
and  that  from  the  outset  it  indicated  the  relation  which 
the  new  ruler  bore  to  the  whole  body  of  citizens  ^ — ^that 
it  marked  him  out,  in  fact,  as  the  foremost  citizen  of  the 
state. 

326.  Final  Modifications  of  the  Year  23.  It  is  not  per- 
fectly clear  why  Augustus  introduced  into  his  system  the 
changes  which  he  made  in  the  year  23.  Very  likely  the 
four  years'  test  which  he  had  given  to  the  new  constitution 
had  brought  out  its  weakness  at  certain  points,  and  the 
illness  which  threatened  his  life  in  the  year  mentioned 
made  him  feel  the  necessity  of  strengthening  it  at  once. 


2/0  IMPERIAL   PERIOD:    HISTORICAL 

His  objection  to  the  old  system  probably  lay  in  two 
facts.  In  the  first  place,  he  shared  the  administration  of 
Rome  and  Italy  with  his  colleagues  in  the  consulship,  and, 
although  his  prestige  removed  in  large  measure  the  dan- 
ger of  opposition  from  them,  that  danger  existed  in  theory, 
and  might  at  a  critical  moment  become  a  serious  matter 
in  reality.  At  all  events,  the  traditional  etiquette  existing 
between  the  two  members  of  the  consular  college  may  well 
have  hampered  him  in  carrying  out  his  plans.  To  have 
himself  made  sole  consul  would  have  been  too  violent  a 
departure  from  tradition  to  be  politic.  He,  therefore,  gave 
up  his  practice  of  holding  the  consulship  every  year,  and 
cast  about  him  for  a  solution  which  would  better  meet  the 
needs  of  the  case.  Such  a  solution  he  found  by  modify- 
ing and  extending  his  proconsular  imperimn,  and  by  giving 
importance  to  the  tribunician  power.  Not  all  the  points  in 
which  the  proconsular  imperium  was  extended  by  Augustus 
and  his  successors  are  clear.  However,  the  extant  fragment 
of  the  lex  de  imperio  Vespasiani,  the  statements  of  Dio 
Cassius,  and  an  examination  of  the  functions  actually  exer- 
cised by  the  emperor,  make  it  plain  that,  although  he  held 
his  impermm  as  a  proconsul,  a  series  of  measures  passed 
in  the  year  23  and  in  subsequent  years  allowed  him  to 
retain  it  within  the  city,  and  gave  him  a  position  equal  in 
rank  and  authority  to  that  of  the  consul. 

In  giving  a  prominent  place  to  the  tribunician  power, 
he  hit  upon  a  happy  idea.  The  associations  connected 
with  the  tribunate  made  it  a  popular  office.  In  its  early 
history  it  had  been  the  organ  of  the  plebeians  in  their 
stniggle  for  civil  and  political  rights.  In  its  later  history 
it  had  protected  the  individual  against  the  encroachments 
of  the  state.  Furthermore,  the  tribune  had  acquired  posi- 
tive and  negative  powers  touching  almost   every   field  of 


ESTABLISHMENT   OF   THE   EMPIRE  2/1 

administrative  activity.  He  could  summon  the  senate  or 
the  popular  assemblies  for  the  transaction  of  business,  and 
he  could  veto  the  action  of  almost  any  magistrate.  We 
•have  seen  one  reason  why  Augustus  turned  from  the  con- 
sulship to  the  tribunate.  Another  may  perhaps  be  found 
in  the  fact  that  the  duties  of  the  consul  were  exercised 
within  a  certain  sphere  limited  by  tradition.  The  tribunate, 
on  the  other  hand,  from  its  very  nature  and  history,  was 
capable  of  indefinite  extension  in  all  directions.  Poten- 
tially Augustus  had  held  the  tribunician  power  ever  since 
the  year  36.  From  this  time,  however,  as  an  indication 
of  the  new  importance  attaching  to  it,  although  he  took 
the  title  for  Ufe,  he  assumed  it  anew  each  year,  and,  after 
23  B.C.,  in  official  documents  indicated  the  year  by  setting 
down  the  number  of  times  he  had  held  the  tribunician 
power.  This  practice  his  successors  followed.  The  signifi- 
cance attaching  to  this  power  is  also  indicated  by  the  fact 
that  the  assignment  of  it  was  accepted  as  marking  out  a 
successor  in  the  principate. 

The  system  of  Augustus  was  now  essentially  complete. 
He  accepted  no  other  permanent  extraordinary  office,  even 
at  the  solicitation  of  the  people.  The  proconsular  impe- 
rium  gave  him  command  of  the  legions,  and  his  supremacy 
in  civil  administration  rested  securely  on  his  right  to  exer- 
cise the  imperhwi  within  the  city  and  on  his  possession  of 
the  potestas  tribunicia.  The  few  emergencies  of  a  later 
date  which  required  the  exercise  for  a  brief  time  of  powers 
which  he  did  not  have  were  provided  for  by  special  legis- 
lation, or  by  the  natural  extension  of  his  tribunician  or  pro- 
consular authority ;  and  when  the  ten  years  of  his  procon- 
sular imperium  expired,  he  secured  a  formal  renewal  of  the 
power  for  another  period.  The  position  of  Augustus  in 
religious  matters  was  almost  as  preeminent  as  it  was  in 


2/2  IMPERIAL    PERIOD:    HISTORICAL 

political  affairs.  He  was  made  a  iiieinber  of  the  four  great 
priesthoods,  and  in  the  year  12,  after  the  death  of  Lepidus, 
he  was  elected  pivitifcx  ntaximus. 

327.  The  Question  of  the  Succession.  It  remained  for 
Augustus  to  complete  his  work  by  securing  the  succession 
to  the  man  of  his  choice.  The  question  presented  itself  in 
a  definite  form  at  the  time  of  his  severe  illness  in  the  year 
23.  At  that  time  he  wisely  i)assed  over  his  only  male  rela- 
tive, Marcellus,  the  son  of  his  sister  Octavia,  because  he  felt 
that  the  young  man  was  not  old  enough  for  such  a  responsi- 
ble ])osition,  and,  by  giving  his  signet-ring  to  Agrippa,  indi- 
rectly designated  him  as  his  successor.  Although  he  turned 
to  Marcellus  on  his  recovery,  the  death  of  Marcellus  caused 
him  to  revert  to  his  fonner  plan,  and  in  2 1  B.C.  he  married 
Agrippa  to  his  daughter  Julia,  the  widow  of  Marcellus,  and 
three  years  later  had  the  tribunician  power  conferred  on 
him  for  a  period  of  five  years.  The  method  which  Augus- 
tus had  found  for  settling  the  question  of  the  succession 
was  clear  at  once.  His  own  powers  were  given  to  him  for 
a  fixed  term  of  years  or  for  life.  He  could  not  transmit 
them,  therefore,  to  any  one  else  at  his  death.  He  could, 
however,  during  his  own  lifetime  invest  the  man  of  his 
choice  with  powers  independent  of  his  own  and  thus  do 
much  toward  securing  the  succession  for  him.  This  was 
the  plan  which  he  adopted  in  the  case  of  Agrippa.  The 
birth  of  two  children  to  Julia  from  her  marriage  with  Agrippa 
involved  a  slight  modification  in  the  plan  of  Augustus.  He 
designated  these  two  grandsons.  Gains  and  Lucius  Caesar, 
as  his  heirs,  and  made  Agrippa  their  guardian.  Upon  the 
death  of  the  latter  in  12  b.c.  this  guardianship  was  trans- 
ferred to  Tiberius,  the  stepson  of  Augustus,  and  in  6  B.C. 
the  tribunician  power  was  conferred  on  him  for  a  period 
of  five  years.     But  Tiberius  was  aggrieved  at  his  failure  to 


ESTABLISHMENT    OF   THE    EMPIRE  2/3 

be  designated  as  the  successor  of  Augustus,  and  retired  to  the 
island  of  Rhodes.  To  the  bitter  disappointment  of  Augustus 
both  of  his  grandsons  died,  and  he  was  at  last  forced  to  rec- 
ognize the  eminent  ability  of  Tiberius,  and  his  services  to 
the  state,  by  adopting  him  as  his  heir  and  by  conferring  on 
him  again  the  tribunician  power.  The  question  of  the  suc- 
cession was  finally  settled  in  a.d.  13  beyond  the  possibility 
of  change  by  the  passage  of  a  lex  consularis  associating 
Tiberius  with  Augustus  in  the  government  of  the  prov- 
inces. Henceforth  his  authority  was  independent  of  that 
of  Augustus,  and  also  rested  on  a  legal  basis.  Augustus 
died  the  year  after  this  arrangement  was  made. 

328.  Social  Reforms.  Nothing  has  been  said  up  to  this 
point  about  the  social  and  financial  reforms  of  Augustus. 
They  were  almost  as  far-reaching  as  his  political  changes. 
His  most  important  legislation  on  these  matters  was  in- 
tended to  restore  the  integrity  of  the  marriage  relation  and 
to  prevent  a  decrease  of  the  native  population.  The  influx 
of  foreigners,  the  development  of  luxurious  tastes,  the  long- 
continued  civil  wars,  the  public  games,  and  a  host  of  similar 
influences  had  undermined  public  morality  and  subverted 
the  old  idea  of  the  family.  Adultery  and  divorce  were 
not  uncommon,  and  the  number  of  the  unmarried  and  of 
childless  married  couples  had  increased  in  an  alarming 
way.  A  series  of  laws  was  directed  against  these  evils. 
The  lex  de  adiilteriis  imposed  severe  penalties  on  those 
convicted  of  adultery,  while,  under  the  lex  de  maritandis 
ordmibus,  restrictions  were  put  on  divorce,  and  the  unmar- 
ried and  childless  married  were  placed  under  disabilities  in 
the  matter  of  inheriting  property  and  suing  for  ofiice. 

This  method  of  attacking  the  evil  failing  of  effect,  Augus- 
tus approached  the  subject  from  the  other  direction.  The 
celebrated  lex  Papia  Poppaea,  instead  of  laying  penalties 


274  IMPERIAL    PERIOD:    HISTORICAL 

on  the  unmarried  and  childless,  encouraged  child-bearing 
by  granting  sums  of  money  or  privileges  in  canvassing  for 
office  to  the  father,  and  certain  exceptional  property  rights 
to  the  mother  of  a  family.  An  attempt  was  made  to  check 
the  growth  of  extravagant  tastes,  which  kept  many  from 
marriage,  by  the  passage  of  sumptuary  laws.  The  demor- 
alizing influence  of  the  public  games  was  somewhat  lessened 
by  placing  restrictions  on  the  attendance  of  women.  In 
particular  the  emperor  strove  to  restore  the  Roman  religion 
to  its  old  position  of  dignity  by  rebuilding  the  temples,  by 
celebrating  religious  festivals  with  great  pomp,  and  by  taking 
certain  priestly  offices  himself,  and  in  no  one  of  his  social 
reforms  were  the  results  of  a  more  permanent  character. 

329.  Financial  Reforms.  The  restoration  of  peace,  the 
suppression  of  piracy,  and  a  more  equitable  and  intelligent 
government  of  the  provinces  did  much  to  restore  prosperity 
to  Italy  and  the  provinces.  These  beneficent  reforms  were, 
however,  supplemented  by  a  systematic  revision  of  the 
financial  system.  The  provinces  profited  in  particular  by 
this  change.  The  personal  acquaintance  which  he  made 
with  the  condition  of  the  provinces  in  the  period  from  27 
to  24  B.C.,  and  the  census  which  he  took  in  several  of 
them  gave  Augustus  tnistworthy  information  on  which  to 
base  his  financial  reforms.  In  place  of  the  extortionate 
requisitions  made  by  provincial  governors  and  the  taxes, 
many  in  number  and  oppressive  in  character,  of  the  repub- 
lican regime,  he  substituted  a  land  tax  and  a  personal  tax. 
Trade  was  reUeved  from  harassing  restrictions,  and  public 
improvements  were  made.  The  burden  of  the  provinces 
was  still  further  lightened  by  the  imposition  in  Italy  of  a 
legacy  duty  and  a  tax  on  the  sale  of  slaves. 

330.  The  Princeps  and  the  Other  Branches  of  Govern- 
ment.     In    our   discussion   of   the   political    institutions  of 


ESTABLISHMENT   OF   THE   EMPIRE  275 

previous  periods  it  has  been  found  convenient  to  consider 
them  from  the  point  of  view  of  the  magistracies,  the  senate, 
and  the  people.  That  division  of  the  subject  will  be 
adopted  now,  although  it  has  less  significance  for  the  period 
under  consideration,  since,  in  consequence  of  the  subordi- 
nation of  the  magistrates,  the  senate,  and  the  popular  assem- 
blies to  the  will  of  the  princeps,  their  separate  activities 
become  matters  of  less  moment,  and  it  is  difficult  to  draw 
a  definite  line  between  them.  The  constitutional  basis  on 
which  the  authority  of  the  princeps  rested  has  already  been 
discussed.  It  is  a  more  difficult  matter  to  state  the  theo- 
retical relation  which  his  office  bore  to  the  other  branches 
of  government.  The  care  which  Augustus  took  to  cloak 
his  extraordinary  powers  in  traditional  terms,  and  to  reserve 
for  the  old  institutions  the  nominal  exercise  of  their  old 
functions,  is,  of  course,  the  cause  of  this  difficulty.  Perhaps 
it  may  be  safe  to  say  that  the  functions  of  the  princeps  were 
thought  of  as  filling  a  gap,  as  supplementing  those  of  the 
magistrates  and  senate,  rather  than  as  encroaching  upon 
them. 

331.  The  Magistracies.  In  the  readjustment  of  affairs 
perhaps  the  executive  suffered  a  greater  loss  of  impor- 
tance than  any  other  branch  of  government.  The  method 
of  electing  the  magistrates,  the  prestige  of  Augustus,  and 
his  encroachment  on  their  traditional  functions,  all  con- 
tributed to  bring  about  this  result.  It  will  be  remembered 
that  candidates  were  required  to  notify  the  magistrate,  who 
was  to  preside  at  the  electoral  meeting,  of  their  intention 
to  stand  for  office  (p.  169).  Augustus  was  consul  from  27 
to  23  B.C.,  and  during  this  period  the  announcement  was 
properly  made  to  him.  Even  after  this  period,  when  he 
no  longer  held  the  consulship,  candidates  made  their  pro- 
fessio  to  him  as  well  as  to  the  consul.     We  may  feel  sure 


276  IMPERIAL    PERIOD:    HISTORICAL 

that  his  acceptance  of  their  candichu  y  practically  settled 
the  question  of  their  eligibility.  Election  to  office  was 
made  still  more  dependent  on  the  favor  of  Augustus,  after 
he  had  adopted  the  practice  of  recommending  certain  can- 
didates. His  coinmemlatio  must  have  insured  an  election. 
This  practice  was  not  extended  to  the  consulship,  however, 
by  Augustus.  After  election,  even  in  matters  where  the 
legal  ])owers  of  the  two  were  equal,  it  was  impossible  for  a 
magistrate  to  maintain  his  position  over  against  the  princeps 
whose  prestige  was  so  much  greater,  and  whose  long  terms 
of  office  relieved  him  from  the  danger  of  being  held 
responsible  for  his  conduct. 

There  were  few  if  any  important  executive  functions 
which  the  princeps  was  not  authorized  to  perform.  He,  as 
well  as  the  consul,  could  convoke  the  senate  and  the  pojnilar 
assemblies,  for  instance,  and  the  consul  would  hardly  venture 
to  take  this  important  step  without  his  approval.  In  this 
way  the  magistrates  lost  their  right  of  initiative  in  almost 
all  important  matters.  Certain  ])owers  were  also  formally 
taken  from  the  magistrates  and  given  to  the  princeps. 
Thus,  for  instance,  the  consuls  probably  lost  the  super- 
vision of  the  roads  in  Italy,  the  cura  annonae  was  taken 
from  the  aediles,  and  the  ius  intercessionis  of  the  tribune  did 
not  avail  against  the  emperor.  '^Fhe  significance  which  the 
magistracies  still  had  was  derived  in  fact  from  the  social 
distinction  attaching  to  them,  from  the  fact  that  magis- 
trates were  colleagues  of  the  princeps,  and  that  election  to 
a  magistracy  secured  one  admission  to  the  senate  and  an 
opportunity  to  hold  an  office  in  the  j^rovinces.  No  impor- 
tant changes  were  made  in  the  number  of  the  magistracies 
or  in  the  size  of  the  colleges.  'l"he  number  of  praetors 
was,  however,  raised  to  sixteen,  while  the  college  of  quaestors 
was  reduced  to  twenty.     The  censorship  disappeared,  and 


ESTABLISHMENT    OF    THE    EMPIRE  2// 

various  new  offices,  whose  incumbents  were  subordinates  of 
the  princeps^  were  established  in  the  provinces.  Certain 
changes  made  in  the  functions  of  a  few  of  the  magis- 
trates may  be  considered  more  conveniently  in  another 
connection. 

332.  The  Senate.  The  membership  of  the  senate  was 
reduced  from  900  to  600.  Members  were  admitted,  as 
under  the  republic,  by  virtue  of  having  filled  certain  magis- 
tracies, but  since  the  emperor's  right  of  7iomifiatio  and 
cojmnendatio  gave  him  a  great  influence  over  the  selection 
of  magistrates,  the  rolls  of  the  senate  were  in  large  measure 
indirectly  under  his  control.  As  we  have  already  had  occa- 
sion to  notice,  the  senate  was  in  its  origin  an  advisory  body  ; 
but  it  gradually  acquired  important  powers,  especially  in  the 
matter  of  administrative  legislation,  and  reduced  the  magis- 
trate to  the  position  of  its  minister  (pp.  67  f.,  233).  All  this 
was  changed  by  Augustus.  The  senate  could  not  success- 
fully assert,  in  dealing  with  him,  the  claims  which  it  had 
made  good  against  an  annually  elected  magistrate  of  much 
less  prestige  and  legal  power.  Furthermore,  the  republican 
practice  of  submitting  all  important  matters  to  the  senate 
for  its  consideration  fell  into  comparative  disuse.  Finally, 
the  consilium  which  Augustus  established  in  27  B.C.,  and 
reorganized  in  a.d.  12,  must  have  taken  from  the  impor- 
tance of  the  senate.  The  consilium,  as  finally  constituted, 
contained  the  pri?iceps  and  certain  members  of  his  house- 
hold, the  consuls,  the  consuls-elect,  and  a  committee  of 
senators.  This  body,  which  must  be  distinguished  from 
the  judicial  consilium  of  a  later  period  (cf  p.  331),  was 
allowed  to  pass  measures,  and  these  measures  had  the 
validity  of  senatus  constclta.  In  one  respect  the  compe- 
tence of  the  senate  was  extended.  It  was  given  jurisdiction 
over  important  political  cases. 


2/8  IMPERIAL   PERIOD:    HISTORICAL 

333.  The  Popular  Assemblies.  Under  Augustus  magis- 
trates were  still  elected  in  the  popular  assemblies,  but 
the  nominatio  and  commendatio  of  the  princeps  made  the 
elections  largely  a  matter  of  form.  Augustus  called  not 
infrequent  meetings  of  the  popular  assemblies  to  act  on 
important  measures,  but  since  almost  all  bills  were  drawn 
up  by  the  emperor,  or  with  his  approval,  the  meetings  of 
the  comitia  for  legislative  purposes  did  little  more  than 
give  the  form  of  law  to  his  wishes.  This  decadence  of  the 
assemblies  was  not,  however,  a  great  loss  to  the  cause  of 
po})ular  government.  An  assembly  made  up  of  the  rabble 
of  Rome,  not  only  ignorant  of  the  merits  of  the  great 
questions  laid  before  them,  but  also  ready  to  sell  their 
votes  to  the  highest  bidder,  was  as  far  from  representing 
the  Roman  empire  as  any  assembly  could  be.  It  is  sig- 
nificant that  the  decline  of  the  comitia,  which  represented 
even  more  definitely  than  the  senate  the  narrow  conception 
of  the  city-state,  is  coincident  with  the  growth  of  the  feel- 
ing that  there  was  a  community  of  interests  throughout  the 
Roman  world,  and  the  development  of  this  idea  brought 
with  it,  of  course,  a  more  intelligent,  uniform,  and  equitable 
system  of  government  for  the  provinces.  The  settlement 
of  important  questions  in  secret  was,  however,  a  great  loss 
to  the  cause  of  popular  government.  Even  when  the  sena- 
torial regime  was  at  the  height  of  its  power,  all  phases  of 
serious  j)olitical  questions  were  fully  and  freely  discussed. 
Now  matters  were  settled  by  Augustus  in  private  conference 
with  his  ministers.  The  discussions  in  the  senate  were  in 
large  measure  ])erfunctory  and  superficial. 

334.  The  New  Senatorial  Aristocracy.  Augustus  seems 
to  have  consciously  adopted  the  policy  of  creating  social 
classes,  whose  position  depended  upon  his  favor  and  whose 
interests  were,  therefore,  identical  with  his.     At  all  events. 


ESTABLISHMENT   OF   THE   EMPiRE  279 

this  was  the  result  of  certain  social  and  political  changes 
which  he  made.  Under  the  republic  the  prestige  of  having 
held  a  curule  office  was  so  great  that  candidates  for  a  magis- 
tracy who  did  not  have  the  ins  imagiiium  had  little  chance 
of  success  (cf.  pp.  47,  166).  Election  to  any  one  of  the 
higher  magistracies  secured  for  one  admission  to  the  senate. 
This  was  the  basis  on  which  the  nobllitas  rested.  In  the 
new  aristocracy,  created  by  Augustus,  the  order  was  reversed. 
Only  those  who  had  the  latus  davus  were  eligible  to  the 
quaestorship,  and  since  only  those  of  senatorial  rank  had 
the  right  to  the  lahis  davus  (p.  225),  the  sons  of  senators 
and  no  others  were  eligible  to  the  magistracies.  It  was 
necessary  to  hold  a  magistracy  before  sitting  in  the  senate. 
Consequently,  only  the  sons  of  senators  and  those  whom 
the  emperor  might  honor  with  the  latus  dainis  could 
become  magistrates,  or  members  of  the  senate.  Since 
election  to  a  magistracy  depended  largely  on  the  favor  of 
Augustus,  the  new  aristocracy  owed  its  privileges  entirely 
to  him,  and  he  could  count  on  it  for  support. 

335.  The  Knights.  The  great  middle  class  was  attached 
to  his  interests  in  a  similar  way.  The  legislation  of  C.  Grac- 
chus, which  turned  the  juries  over  to  the  knights,  first  gave 
legal  recognition  to  this  class  ;  but  its  social  and  political 
privileges  had  never  been  so  clearly  defined  as  those  of  the 
senatorial  order  had  been.  Augustus  gave  definiteness  and 
importance  to  this  social  class  by  having  lists  of  its  mem- 
bers, which  he  revised,  drawn  up  at  regular  intervals.  With 
the  knights  he  filled  the  important  financial  and  adminis- 
trative offices  in  Italy  and  in  the  provinces  which  were 
under  his  control. 

336.  The  Augustales.  An  aristocracy  was  also  created 
among  the  freedmen.  Each  year  the  decurioties  in  the  muni- 
cipal towns  chose  six  rich  freedmen  as  seviri  Augustales. 


28o  IMI'KRIAh    PERIOD:    HISTORICAL 

This  board  contributed  money  for  some  local  improvement 
or  for  the  proper  maintenance  of  the  public  games.  No 
political  functions  attached  to  the  position,  but  the  social 
prestige  which  it  conferred  and  the  privilege  which  went 
with  it  of  wearing  the  praetexta  and  of  being  attended  by 
lictors  probably  made  it  eagerly  sought  for.  Inasmuch  as 
the  order  was  in  some  way  connected  with  the  cult  of  the 
emperor,  he  could  rely  upon  its  support. 

337.  The  City  of  Rome.  The  legislation  of  Augustus 
which  affected  the  welfare  of  the  whole  people  has  been  con- 
sidered above.  It  may  not  be  out  of  place  here  to  consider 
certain  administrative  changes  which  concerned  the  several 
parts  of  the  empire,  in  particular  the  city  of  Rome,  Italy, 
and  the  provinces.  We  have  already  had  occasion  to  notice 
the  incapacity  which  the  republic  showed  in  governiiig  the 
provinces.  That  fact  is  not  strange.  It  was  a  natural 
result  of  the  selfishness  and  indifference  of  the  Romans 
toward  the  provincials.  However,  the  thoroughly  unsat- 
isfactory character  of  the  government  of  the  city  of  Rome 
seems  at  first  hard  to  account  for.  In  point  of  fact,  Rome 
had  rapidly  grown  out  of  a  village  into  a  great  city,  but 
the  development  of  public  improvements  and  of  muni- 
cipal government  had  not  kept  pace  with  the  growth  of 
its  population.  Augustus  set  himself  to  remedy  this  state 
of  things. 

338.  Public  Improvements  and  Municipal  Government. 
The  supplement  to  the  Monumentum  Ancyranum  gives  us 
a  long  list  of  the  new  buildings  which  he  cohstructed,  and 
of  the  old  ones  which  he  repaired  or  rebuilt.  The  gen- 
eral supervision  of  public  works  was  put  in  charge  of  two 
ciiratores  operum  publicorum.  Many  new  aqueducts  were 
brought  into  the  city,  and  the  care  of  the  water  supply 
and  of  the  Tiber  was  intnisted  to  imperial  commissioners. 


ESTABLISHMENT    OF   THE   EMPIRE  28  I 

All  of  these  ofificials  were  of  senatorial  rank,  A  still  more 
important  matter  was  the  cnra  annonae,  which  was  intrusted 
to  an  imperial  praefectus  of  equestrian  rank.  It  was  the 
duty  of  this  official  to  see  that  Rome  was  supplied  with 
grain,  to  superintend  its  distribution  to  poor  people,  and 
to  control  the  price  of  it.  All  these  municipal  affairs  had 
previously  been  managed  by  the  aediles  and  censors,  so 
that  the  establishment  of  these  imperial  offices  abridged 
their  powers  correspondingly. 

339.  Improvements  in  Municipal  Government.  The  city 
was  lamentably  in  need  of  suitable  arrangements  for  extin- 
guishing fires  and  maintaining  order.  A  long  step  toward 
the  accomplishment  of  these  two  objects  was  taken  by  the 
organization  of  a  fire  and  police  department  of  7000  or 
8000  men  in  a.d.  6.  For  convenience  in  administration 
the  city  had  been  divided  into  fourteen  regiones,  and  each 
one  of  the  seven  detachments,  into  which  this  force  was 
divided,  was  called  on  to  protect  two  of  these.  The  bri- 
gade was  in  charge  of  a  praefectus,  appointed  by  Augustus. 
This  official  had  a  limited  criminal  jurisdiction  somewhat 
like  that  of  the  III  viri  capitales  (cf.  p.  210).  To  main- 
tain order  during  his  absences  from  the  city,  the  emperor 
appointed  2i  praefectus  urhi  (cf.  p.  212).  It  was  left  for 
his  successor,  however,  to  make  this  office  permanent. 

340.  Condition  of  Italy.  One  of  the  greatest  blessings 
which  Augustus  conferred  on  Italy  consisted  in  the  encour- 
agement of  local  self-government  along  the  lines  laid  down 
by  Julius  Caesar  in  his  lex  Inlia  7iiJinicipaIis.  The  roads 
were  also  kept  in  good  condition,  and  order  was  main- 
tained. Very  few  of  the  Italians  from  this  time  on  served 
in  the  army,  but  in  a  way  they  paid  for  their  exemption 
from  military  service  by  a  five  per  cent  tax  on  legacies  and 
a  four  per  cent  tax  on  the  sale  of  slaves. 


282  IMPERIAL    PERIOD:    HISTORICAL 

341.  The  Frontier  Policy  of  Augustus.  In  dealing  with 
Roman  territory  outside  of  Italy,  Augustus  directed  his 
attention  to  the  settlement  of  two  important  questions  — 
the  establishment  of  a  natural  and  secure  frontier  and  the 
reorganization  of  provincial  government.  In  both  direc- 
tions his  efforts  were  crowned  with  success.  In  the  East, 
at  the  beginning  of  his  reign,  the  Parthian  question  was 
still  unsettled.  The  Roman  standards  and  the  Roman  cap- 
tives, taken  at  Carrhae  in  53  B.C.,  were  still  in  the  pos- 
session of  Parthia,  while  the  failure  of  Antony's  campaigns 
in  the  years  40  to  36  (cf.  p.  146)  had  increased  the  feeling 
of  insecurity  in  the  eastern  provinces.  This  situation  was 
very  happily  relieved  by  the  development  of  a  dynastic 
quarrel  in  Parthia  in  20  n.c.  Augustus  took  advantage  of 
this  ([uarrel  to  secure  the  return  of  the  standards,  and  King 
Phraates  was  even  induced  to  send  four  of  his  sons  to  Rome 
as  hostages.  At  the  same  time  the  Euphrates  was  made  the 
eastern  frontier  of  the  empire. 

To  the  south  the  great  desert  of  Africa  formed  a  natural 
boundary,  and  the  provinces  in  that  quarter  of  the  world 
were  safe,  except  from  the  occasional  incursions  of  nomad 
tribes.  On  the  west  was  the  Atlantic.  To  the  north  the 
problem  was  a  more  comi)licated  one,  and  the  frontier 
policy  of  Augustus  was,  at  the  outset,  less  clearly  deter- 
mined. For  a  time  the  Romans  seem  to  have  intended 
making  the  Elbe  the  line  between  them  and  the  Ciermans, 
but  after  the  defeat  of  Varus,  in  a.d.  9,  they  withdrew  to 
the  west  and  south  of  the  Rhine  and  adopted  that  river, 
with  the  Danube,  as  the  northern  frontier  of  their  terri- 
tory. Raetia  was  organized  as  a  province  in  15  B.C.,  Nori- 
cum  in  the  same  year,  and  Moesia  in  a.d.  6,  so  that  by 
the  reduction  of  Pannonia  to  the  form  of  a  province  in 
A.D.  10,  Rome  controlled  all  the  country  bordered  on  the 


ESTABLISHMENT    OF   THE    EMPIRE  ■  283 

north  by  the  rivers  Rhine  and  Danube  from  the  North  sea 
to  the  Black  sea. 

342.  Imperial  and  Senatorial  Provinces.  As  we  have 
already  noticed  (p.  268),  in  the  division  of  provinces 
between  Augustus  and  the  senate,  those  in  which  a  mili- 
tary force  was  needed  were  assigned  to  the  emperor. 
After  the  division  in  27  B.C.  some  transfers  were  made, 
but  at  the  death  of  Augustus  the  Hst  of  imperial  provinces 
included  Sardinia  and  Corsica,  Hither  Spain,  Lusitania, 
"  the  three  Gauls  "  (Aquitania,  Lugdunensis,  Belgica),  Pan- 
nonia,  Dalmatia,  Moesia,  Galatia  and  Pontus  Polemoniacus, 
Cilicia,  Cyprus,  Egypt,  Syria,  Raetia,  and  Noricum.  The 
senate  controlled  Baetica,  Gallia  Narbonensis,  Macedonia, 
Achaea  and  Epirus,  Asia,  Bithynia,  Crete  and  Cyrene,  Africa, 
Sicily,  and  Cyprus.  Cisalpine  Gaul  had  ceased  to  be  a  prov- 
ince in  42  B.C.,  when  the  limits  of  Italy  had  been  extended 
to  the  Alps. 

343.  Improvements  in  Provincial  Government.  To  no 
part  of  the  Roman  Empire  did  the  reforms  of  x\ugustus 
bring  greater  relief  than  to  the  provinces.  The  financial 
improvement  which  they  experienced  has  already  been 
noticed  (p.  274).  The  gain  which  they  made  in  other 
respects  was  equally  great.  This  was  particularly  true  of 
the  imperial  provinces,  for  the  governors  of  these  provinces 
were  chosen,  not  by  lot,  but  on  the  score  of  honesty  and  fit- 
ness, and  were  personally  responsible  to  Augustus,  who  had 
an  intimate  acquaintance  with  the  condition  of  the  several 
provinces  and  kept  a  watchful  eye  on  their  progress. 

One  of  the  defects  of  the  republican  system  lay  in  the 
fact  that  a  provincial  governor  held  office  usually  for  only 
one  year,  so  that  he  could  scarcely  learn  the  needs  of  his 
province  before  he  would  be  recalled.  The  evils  of  the 
republican   system  are   laid  bare  by  Cicero's   letters    from 


284  IMPERIAL   PERIOD:    HISTORICAL 

Cilicia  in  51-50  B.C.  In  the  imperial  provinces  the  term  of 
office  was  invariably  of  considerable  length.  Under  the 
republic  governors  filled  their  pockets  by  requisitions,  which 
demoralized  the  government  and  crippled  the  resources 
of  the  provinces.  Under  Augustus  provincial  governors 
received  a  generous  fixed  salary,  and  service  in  the  prov- 
inces became  an  honorable  and  attractive  profession,  with 
prospect  of  steady  advancement  for  those  who  showed  them- 
selves capable  and  honest.  The  senatorial  provinces  still 
labored  under  many  of  the  evils  of  the  old  system,  but  even 
over  them  Augustus  exercised  some  supervision,  and  the 
excellence  of  the  government  in  the  imperial  provinces 
could  not  fail  to  exert  a  beneficial  influence. 

344.  System  of  Provincial  Government.  Augustus 
directed  the  government  of  the  provinces  by  virtue  of  his 
proconsular  impa-iiwi,  and  governors  in  imperial  provinces, 
who  were  all  appointed  by  him,  acted  pro  praetore  regardless 
of  the  office  which  they  had  previously  held  in  Rome,  and 
were  called  legati  Augusti  pro  praetore.  The  governors  of 
senatorial  provinces,  on  the  other  hand,  all  had  a  procon- 
sular title  without  regard  to  the  magistracy  which  they  had 
held  in  Rome.  Only  ex -consuls,  however,  were  sent  to 
Asia  and  Africa.  The  higher  title  which  the  senatorial  gov- 
ernors had  did  not  make  their  position  equal  in  dignity  to 
that  of  the  imperial  governors,  however,  because  the  latter 
had  charge  of  an  army,  while  the  senatorial  governors 
did  not. 

Provincial  governors  supervised  the  administrative  affairs 
of  their  provinces,  and  had  jurisdiction  in  civil  cases,  and  in 
criminal  cases  where  pcregrini  only  were  concerned.  The 
imperial  governor  had  a  military  command  also.  In  impe- 
rial provinces  an  appeal  could  be  taken  from  the  governor's 
sentence  to  the  emperor ;   in  senatorial  provinces,  to  the 


ESTABLISHMENT    OF    THE    EMPIRE  285 

senate  or  the  emperor.  The  financial  interests  of  an  impe- 
rial province  were  in  the  hands  of  an  official  called  a 
procurator,  chosen  by  Augustus  himself.  Imperial  pro- 
curators also  cooperated  with  the  proconsuls  in  managing 
the  finances  of  senatorial  provinces.  In  military  and  judi- 
cial matters  the  imperial  governor  was  assisted  by  legati 
Augusti  Icgiomitn  and  by  legati  Augicsti  iuridici.  In  prov- 
inces like  Egypt  or  Judaea,  where  the  emperor  was  regarded 
as  the  legal  successor  of  the  previous  ruler,  a  praefectus 
or  a  procurator  was  placed  in  charge.  Governors  were 
assigned  to  the  senatorial  provinces  by  lot,  and  held  office 
for  a  year.  The  law  of  5  2  B.C.,  which  required  an  interval 
of  five  years  between  a  magistracy  at  Rome  and  a  governor- 
ship in  a  province,  was  still  in  force.  The  senatorial  gov- 
ernors of  consular  rank  were  assisted  by  three  legati  and  a 
quaestor.  Those  of  praetorian  rank  had  one  legatus  and  a 
quaestor.  The  legati  were  appointed  by  the  governor  him- 
self, but  his  appointments  were  subject  to  the  approval  of 
the  emperor. 

345.  Reforms  in  the  Military  System.  The  assignment 
to  Augustus  of  the  provinces  where  troops  were  needed  not 
only  gave  to  him  the  control  of  the  army,  but  by  implica- 
tion took  away  from  the  senate  the  right  of  levying  troops 
for  its  own  provinces.  When  disturbances  arose  in  a  sena- 
torial province  the  emperor  took  charge  of  matters.  The 
necessity  of  protecting  distant  frontiers  had  made  it  impos- 
sible even  under  the  republic  to  adhere  to  the  traditional 
practice  of  discharging  the  soldiers  each  year  and  levying 
and  organizing  a  new  force.  However,  the  fiction  was 
conscientiously  observed  of  reenlisting  all  the  troops  at  the 
end  of  the  year.  It  was,  therefore,  a  theoretical,  not  a 
practical  change  in  the  military  system  which  Augustus 
made  in    13  b.c,  by  enlisting  troops  for  a  fixed  term   of 


286  IMTEKIAL    PERIOD:    HISTORICAL 

years.  The  term  was  at  first  made  one  of  sixteen  years  for 
the  legionaries  and  twelve  years  for  the  guards,  but  in 
A.D.  5  it  was  lengthened  to  twenty  and  sixteen  years 
respectively.  A  second  imjiortant  change  which  he  made 
in  the  military  system  consisted  in  the  larger  use  of  auxiliary 
troops.  The  use  of  these  troops,  and  the  resulting  dis- 
taste of  the  Italians  for  military  service,  led  to  a  decline 
of  the  martial  spirit  in  Italy,  and  made  the  peninsula  inca- 
pable of  resisting  a  possible  invasion  ;  but  the  strong  line 
of  border  provinces  which  Augustus  established  prevented 
this  danger  from  becoming  a  real  one  for  many  years. 

Selections  from  the  Sources 

Livy,  Epp.,  CXXXIV-CXLII ;  Res  gestae  divi  Angusti  (or  the 
Momimentum  Ancyrantnn)  \  Velleius  Paterculus,  II.  89-123;  Sue- 
tonius, Augustus;  Dio  Cassius,  LI.  19-LVI ;  Florus,  II.  22-34; 
Eutropius,  VII.  8-10;  Tacitus,  Attn.  I.   1-5. 

Octavius  returns  to  Rome  in  29  B.C.:  Dio,  LI.  21  ;  C.  I.  L.  \y 
p.  399.  —  Extraordinary  powers  granted  to  him  in  29  B.C.  :  Dio, 
LI  I.  41;  Suet.  Atig.  27. —  Gratuities  to  soldiers:  Res  gestae,  ed. 
Momm.  III.  17.  —  Takes  census:  Res  gest.  II.  2-5  and  pp.  36-8. — 
Revises  list  of  senators:  Res  gest.  II.  1-2  and  pp.  35-6;  Dio, 
LII.  42.  —  Princeps  senatus  :  Dio,  LIII.  i. — Meeting  of  senate, 
January  13,  27  B.C.:  Dio,  LIII.  3-1 1  ;  /\Vj-  gest.  VI.  13-15  and 
pp.  145-8. — Proconsular  imperium  for  ten  years  :  Dio,  LIII.  13— 
Division  of  the  provinces :  Dif),  LIII.  12.  —  Title  of  Augustus  and 
other  honors:  Res  gest.  VI.  16  f.;  Suet.  Aug.  7  ;  C.  /.  L.  I.i  p.  3S4  ; 
Dio,  LIII.  16. —  Goes  to  Gaul  and  Spain  for  three  years  :  Dio,  LIII.  22. 
—  Praefectus  urbi  {25  u.c.) :  Tac. ..-/////.  W.  11.  —  Galatia,  province  : 
Dio,  LIII.  26. —  Augustus  returns  to  Rome  :  D;o,  LIII.  28. —  Signet 
ring  to  Agrippa  (23  B.C.):  Dio,  LIII.  30. —  New  powers  granted  in 
23  B.C.:  Dio,  LIII.  32.  —  Marccllus's  death  :  Dio,  LIII.  30.  —  Ten 
praetors:  Dio,  LIII.  32. —  Augustus  assumes  cura  annonae  (22  B.C.)  : 
Res  gest.  I.  33-5  and  pp.  24-7  ;  Dio,  LIV.  i.  —  Refuses  dictatorship, 
censorship,  and  consulship  for  life  {22  n.c.) :  Res  gest.  I.  31-6;  Dio, 
LIV.  1-2.  —  Cura  hidorum  from  aediles  to  praetors:    Dio,  LIV.  2. — • 


ESTABLISHMENT    OF    THE    EMPIRE  28/ 

Sumptuary  law  (22  b.c):  Dio,  LIV.  2.  —  Conspiracy  of  Murena  and 
Caepio  {22  B.C.)  :  Dio,  LIV.  3  ;  Veil.  II.  91.  — Spends  three  years  in 
Oriental  provinces  (22  B.C.) :  Dio,  LIV.  6  ff . —  Standards  returned  by 
Parthia  (20  B.C.)  :  Res  gest.  V.  40-43  and  pp.  124-8  ;  Dio,  LIV.  8.  — 
Curatores  viarum  (20  B.C.):  Dio,  LIV.  8.  —  Names  Q.  Lucretius 
consul  (19  B.C.)  :  Dio,  LIV.  10.  —  Returns  to  Rome  {19  B.C.)  :  Dio, 
LIV.  ID.  —  Charge  of  provinces  and  armies  ten  years  more  (18  B.C.)  : 
Dio,  LIV.  12.  —  Agrippa,  tribunician  power  for  five  years :  Dio,  LIV. 
12.  —  Senate,  600  members:  Dio,  LIV.  13-14.  —  Lex  de  adulteriis 
(18  B.C.):  Suet.  Aug.  34. —  Lex  de  maritandis  ordinibus  (iS  B.C.): 
?,\i.&t.  Attg.  34;  Dio,  LIV.  16;  Gains,  I.  178. — T.  Statilius  Taurus, 
praefectus  urbi :  Dio,  LIV.  19. —  Defeat  of  Lollius  by  the  Germans 
(16  B.C.)  :  Dio,  LIV.  20  ;  Veil.  II.  97;  Suet.  Aug.  23.  ^Augustus 
goes  to  Gaul  (16  B.C.) :  Dio,  LIV.  19. — Returns  from  Gaul  (13  B.C.) : 
Dio,  LIV.  25.  —  Reorganization  of  the  XX  viri  (13  B.C.):  Dio, 
LIV.  26.- — Agrippa's  tribunician  power  renewed  for  five  years 
(13  B.C.):  Dio,  LIV.  28. —  Augustus,  pontifex  maximus  (12  B.C.): 
Dio,  LIV.  27  ;  Suet.  Aug.  31  ;  Res  gest.  II.  23  f.  and  p.  45.  —  Agrippa 
dies  (12  B.C.):  Dio,  LIV.  28;  Plin.  N.  H.  VII.  8.— Campaigns  of 
Drusus  and  Tiberius:  Dio,  LIV.  31  ff . ;  LV.  i,  29  £f. ;  LVI.  12  ff. ; 
Veil.  II.  110-115  ;  Suet.  Tib.  i6f.  —  Tiberius  marries  Julia  (n  B.C.) : 
Dio,  LIV.  35. — Cura  aquarum  (11  B.C.):  Frontin.  de  Aquaed. 
99  ff.  — Quaestors  take  charge  of  archives  (11  B.C.)  :  Dio,  LIV.  36. — 
Death  of  Drusus  (9  B.C.):  Dio,  LV.  i.  Augustus's  charge  of  armies 
and  provinces  renewed  for  ten  years  (8  B.C.) :  Dio,  LV.  6.  —  Tiberius 
receives  tribunician  power  for  five  years  (6  B.C.)  :  Dio,  LV.  9.  — 
Augustus  receives  title  of  pater  patriae  (2  B.C.):  Suet.  Aug.  58. — 
Lucius  and  Gaius  Caesar  receive  title  of  princeps  iuventutis  (2  B.C.): 
Res  gest.  III.  4-6  and  pp.  52-8.  —  Tiberius  returns  from  voluntary 
exile  (a.d.  2)  :  Veil.  II.  103.  i  ;  Suet.  Tib.  13.  —  Augustus's  charge 
of  armies  and  provinces  renewed  for  ten  years  (a.d.  3)  :  Dio,  LV.  12.  — 
C.  Caesar  dies  (a.d.  4)  :  C.  I.  L.  XI.  1421  (cf.  Clinton,  Fast.  Hell. 
III.  p.  264).  —  Augustus  adopts  Tiberius  (a.d.  4):  Veil.  II.  103; 
Dio,  LV.  13;  Tac.  Ann.  I.  3,  10  ;  IV.  57. — Tiberius  receives  tribu- 
nician power  for  ten  years  (a.d.  4)  :  Dio,  LV.  13;  Veil.  II.  103. — 
Army  reforms  (a.d.  5):  Dio,  LV.  23;  Tac.  Ami.  I.  17.  —  Praefectus 
vigilum  (a.d.  6):  Dio,  LV.  26.  —  Tax  on  sale  of  slaves  (a.d.  7)  : 
Dio,  LV.  31.  —  Modification  of  the  commendatio  (a.d.  8):  Dio, 
LV.  34.  —  Defeat  of  Varus  (a.d.  9?):  Veil.  II.  117-120;  Dio, 
LVI.     i8    ff.  ;     Suet.    Aiig.    23;     Tib.     17. —  Lex    Papia    Poppaea 


288  IMTERIAL    PERIOD:    HISTORICAL 

(a.d.  9);  Dio,  LVI.  10.  —  Augustus  receives  armies  and  provinces 
for  ten  years  (a.d.  13):  IMo,  LVI.  28. — Tiberius  receives  tribuni- 
cian  power  for  indefinite  period  (a.d.  13) :  Dio,  LVI.  28.  —  Legislative 
committee  with  powers  (a.d.  13):  Dio,  LVI.  28.  —  Augustus  dies 
(a.d.  14) :    Dio,  LVI.  29  f. ;  Suet.  Aug.  99-100 ;  Tac.  Ann.  1.  5. 

Selected  Bibliography 

A.    The  Empire  in   Geitcral 

L.  de  Tillemont,  Histoire  des  empereurs,  etc.,  5  vols.  Venice,  1732. 
Ch.  Merivale,  History  of  the  Romans  under  the  Empire,  7  vols.    New 

York,  1862. 
H.  Schiller,  Geschichte  der  romischen  Kaiserzeit,  2  vols.     Gotha, 

1882-7. 
Edw.  Gibbon,  The  History  of  the  Decline  and  Fall  of  the  Roman 

Empire,  revised  by  J.  B.  Bury.     London,  1900. 
L.  Friedlander,  Darstellungen  aus  der  Sittengeschichte  Roms,  etc., 

3  vols.,  6th  ed.     Leipzig,  18S8. 
Th.  Mommsen,  The  Provinces  of  the  Roman  Empire,  2  vols.     New 

York,  1886. 
Th.  Mommsen,  Romisches  Staatsrecht  (Vol.  II).     Leipzig,  18S7. 
H.  Peter,  Die  geschichtliche  Litteratur  Uber  die  romische  Kaiserzeit, 

etc.,  2  vols.     Leipzig,  1897. 
G.  Goyau,  Chronologic  de  I'empire  romain.     Paris,  189 1. 
Prosopographia  imperii  romani  saec.  I,    II,    III,  3    parts.      Berlin, 

1897- 

B.    The  Reign  of  Augustus 
V.  Gardthausen,  Augustus  und  seine  Zeit  (I.  i,  2  ;  II.  i,  2).     Leipzig, 

1891-6. 
W.  \V.  Capes,  The  Early  Roman  Empire.     London,  1876. 

Supplementary  Literature,  190 1-19 10 

Shuckburgh,  Augustus.     London,  1903. 

Domaszewski,   Geschichte  d.   romischen   Kaiser,  2  vols.     Leipzig, 
1909. 


CHAPTER   XIII 
FROM    TIBERIUS    TO   NERO 

346.  Tiberius  becomes  Emperor.  With  the  death  of 
Augustus  the  principate  legally  came  to  an  end.  He  had 
made  Tiberius  his  associate  in  the  government  (cf.  p.  273), 
but  he  could  not  confer  upon  him  nor  bequeath  to  him 
his  powers  as  princeps.  Tiberius  was  placed  in  such  a 
preeminent  position,  however,  that  it  was  difficult  to  thwart 
his  ambition,  and  he  understood  how  to  make  good  use  of 
his  opportunity.  He  felt  that  the  support  of  the  army  was 
the  essential  thing,  and  that  the  acquiescence  of  the  senate 
and  people  would  follow  as  a  matter  of  course.  He  at 
once,  therefore,  assumed  charge  of  the  praetorian  guard, 
and  had  the  armies  take  the  oath  of  allegiance.  Their 
example  was  quickly  followed  by  the  magistrates  and  the 
senate.  This  method  of  procedure  forestalled  any  possible 
opposition.  In  fact,  when  the  senate  met  to  confer  on  him 
the  powers  of  his  predecessor,  Tiberius  was  able  to  make  his 
acceptance  of  them  appear  a  concession  to  its.  entreaties. 

347.  The  two  Periods  of  his  Reign.  The  change  which 
took  place  in  the  character  of  Tiberius  under  the  influence 
of  L.  Aelius  Sejanus  is  well  known.  The  same  influence 
brought  about  a  marked  change  in  the  character  of  his 
government  also.  Sejanus  became  prefect  of  the  praetorian 
guard  in  the  year  16,  and  greatly  strengthened  his  influence 
seven  years  later  by  bringing  all  the  sections  of  that  force 
together  into  one  station.  However,  even  this  exceptional 
oosition  did   not  count  for  so   much  as  did   the   perfect 

289 


290  IMPERIAL    I'ERIOl):    HISTORICAL 

confidence  which  Tiberius  placed  in  him,  and  the  fact  that 
Sejanus  became  his  sole  confidant.  It  is  unnecessary  for 
our  purpose  to  estimate  the  character  of  Tiberius,  which 
assumes  such  different  aspects  in  the  historical  works  of 
Tacitus  and  Velleius  Paterculus.  Each  account  probably 
presents  one  side  of  the  truth.  In  the  same  way  the  period 
before  Sejanus  acquired  his  influence  over  Tiberius,  and  the 
subsequent  period,  reflect  respectively  the  good  and  the 
evil  elements  in  the  character  of  the  emperor.  When  he 
ascended  the  throne  there  was  much  to  inspire  the  Romans 
with  confidence  in  his  wisdom  and  justice.  He  was  a  man 
of  affairs ;  he  was  simple  in  his  personal  tastes ;  he  had  a 
respect  for  tradition  and  a  peculiar  reverence  for  the  policy 
of  his  predecessor.  Furthermore,  he  had  a  wide  knowledge 
of  the  condition  of  the  empire,  acquired  by  numerous  cam- 
paigns and  by  years  of  residence  in  the  provinces,  and  the 
early  years  of  his  reign  seemed  to  justify  the  hope  w-hich 
the  possession  of  these  qualities  held  out.  But  with  the 
ascendency  of  Sejanus,  and  the  retirement  of  Tiberius  from 
Rome  in  the  year  26,  the  aspect  of  things  changed.  The 
results  of  the  baneful  influence  of  Sejanus  were  aggravated 
by  the  death  in  a.d.  19  of  Germanicus,  the  nephew  of 
Tiberius,  and,  in  the  year  23,  of  Drusus,  his  son.  Both  of 
these  young  men  enjoyed  a  popularity,  perhaps  undeser\'ed, 
which  made  it  important  for  the  emj)eror  to  keep  the  good- 
will of  the  people.  With  their  death  this  incentive  dis- 
appeared. The  death  of  these  two  men  also  stimulated 
the  ambitious  designs  of  Agrippina,  the  widow  of  Ger- 
manicus, in  behalf  of  her  sons,  and  Tiberius  had  some 
reason  to  fear  cabals  among  the  senators  in  their  behalf. 
The  two  weapons  which  he  used  against  these  senators, 
and  against  others  whom  he  suspected  of  ambitious  designs, 
were  the  |)rocesses  de  maicstatc  and  de  trpctimJis. 


TIBERIUS   TO   NERO  29 1 

348.  Trials  for  Treason  and  Misgovernment.  The  con- 
ception of  7niiiHta  maiestas  was  a  development  oi perdiiellio, 
and  in  the  late  republic  covered  such  offenses  as  attacks 
on  the  freedom  and  sovereignty  of  the  people  or  the  safety 
of  the  state,  and  neglect  of  important  official  duties.  The 
change  involved  in  the  actions  brought  during  the  second 
part  of  Tiberius's  reign  lay  in  the  substitution  of  the  maie- 
stas principis  for  the  maiestas  populi.  Any  acts  which  were 
interpreted  as  prejudicial  to  the  emperor's  welfare  or  dig- 
nity made  the  person  committing  them  liable  to  the  charge 
of  mi?iuta  maiestas.  Trivial  charges  also  were  taken  into 
consideration ;  the  ordinary  rules  governing  criminal  pro- 
cedure were  not  observed,  and  the  severity  of  the  penalties 
imposed  was  out  of  proportion  to  the  offenses  committed. 

The  equitable  treatment  of  the  provinces  is  one  of  the 
things  which  may  be  set  down  to  the  credit  of  Tiberius. 
The  most  effective  means  which  he  found  to  hold  provin- 
cial governors  to  their  duty  was  the  institution  of  actions 
de  repetiindis  against  them  ;  but  it  was  very  difficult  for  a 
governor  in  the  performance  of  duties  which  required  the 
exercise  of  discretion  not  to  lay  himself  open  to  a  technical 
charge  on  this  score.  The  evil  features  of  the  situation  were 
aggravated  by  the  machinations  of  professional  informers, 
and  by  the  fact  that  trials  on  both  the  above-mentioned 
charges  were  held  before  the  senate.  Tiberius  himself 
would  have  hesitated  to  condemn  on  his  own  responsibility 
men  for  whose  condemnation  this  servile  body,  with  its 
divided  responsibility  and  its  dread  of  the  emperor,  cast 
its  vote. 

349.  Constitutional  and  Administrative  Changes.  The 
most  important  constitutional  change  made  by  Tiberius 
was  the  transfer  of  the  elections  from  the  people  to  the 
senate.     Henceforth  the  popular  assemblies  met  in  their 


292  IMPERIAL    rKRIOl):    HISTORICAL 

electoral  capacity  only  to  hear  an  announcement  of  the 
results  of  the  elections  in  the  senate.  The  change  was 
essentially  only  a  formal  one,  since  popular  elections  had 
already  lost  their  significance.  This  method  of  choosing 
magistrates  was  in  some  respects  a  reversion  to  the  system 
in  vogue  under  the  monarchy  (cf.  p.  14),  and,  since  ex-mag- 
istrates were  given  seats  in  the  senate,  that  body,  nomi- 
nally at  least,  chose  its  own  members.  It  should  be  noticed, 
too,  that  the  new  functions  which  Tiberius  and  his  prede- 
cessor assigned  to  the  senate  made  it  not  only  a  legisla- 
tive but  also  a  judicial  and  an  electoral  body.  The  most 
important  changes  in  the  magistracies  consisted  in  making 
the  praefcctus  urbi  a  permanent  official,  and  in  putting 
a  single  prefect  at  the  head  of  the  praetorian  cohorts, 
although  some  of  the  successors  of  Tiberius  reverted  to 
the  Augustan  system  and  appointed  two  pracfedi  praetorio. 
Some  temporary  importance  was  also  given  to  the  consul's 
office  by  the  prolonged  absence  of  Tiberius  from  the  city. 
350.  The  Reign  of  Gaius.  Upon  the  death  of  Tiberius 
in  A.D.  37  Gaius  Caesar,  the  son  of  Germanicus,  the  adopted 
son  of  Tiberius,  who  was  sujiported  by  Macro,  the  praeto- 
rian prefect,  was  proclaimed  emperor  by  the  senate.  The 
first  measures  of  Gaius  seemed  to  indicate  that  the  enthu- 
siasm with  which  the  death  of  Tiberius  and  the  accession 
of  a  son  of  the  popular  leader  Germanicus  were  greeted 
was  justified.  Actions  for  inaiestas  were  suspended.  Pro- 
fessional informers  were  suppressed,  and  the  elections  were 
turned  over  to  the  popular  assemblies  again  ;  but  in  each 
one  of  these  cases  Gaius  returned  in  a  very  short  time  to 
the  i)ractices  of  Tiberius.  Throughout  his  reign,  in  fact, 
he  was  the  creature  of  caprice,  the  victim  of  megalomania, 
and  represented  absolutism  in  its  crudest  form.  In  an  in- 
credibly short  time  he  had  spent  ujjon  extravagant  projects 


TIBERIUS    TO    NERO  293 

of  all  sorts  the  sum  of  700,000,000  sesterces,  which  his 
economical  predecessor  had  saved,  and  proceeded  to  meet 
the  resulting  deficit  by  confiscation  and  oppressive  taxation. 
The  only  constitutional  change  of  any  importance  made 
during  his  reign  was  the  addition  of  a  fifth  decury  of 
jurymen,  which  brought  the  number  of  indices  up  to  about 
5000.  The  wrath  of  the  people  groaning  under  this  tyran- 
nous government  found  expression  in  one  conspiracy  after 
another,  until  finally  in  the  year  41  Gaius  was  murdered 
by  the  officers  of  his  own  guard. 

351.  The  Reign  of  Claudius.  By  his  death  the  govern- 
ment was  left  without  a  head  once  more,  and  for  two 
days  the  senate  considered  the  advisability  of  restoring  the 
republic  ;  but  the  clamor  of  the  populace  and  the  interven- 
tion of  the  soldiers  decided  the  matter  in  favor  of  Claudius, 
the  nephew  of  Tiberius  and  uncle  of  Gaius.  Claudius  had 
lived  up  to  this  time  in  retirement.  In  fact,  the  soldiers 
found  him  hiding  in  the  palace  for  fear  of  his  life.  A  natu- 
ral weakness  of  character  and  bodily  defects  had  kept  him 
out  of  public  life,  and  the  contempt  of  those  about  him, 
and  the  ill-treatment  which  he  had  received  at  their  hands, 
had  made  him  distrustful  of  himself.  His  life  had  been 
given  up  largely  to  antiquarian  pursuits.  These  facts  deter- 
mined in  large  measure  the  character  of  his  reign.  His  lack 
of  self-confidence  made  him  lean  helplessly  on  others,  while 
the  interest  which  he  had  felt  in  the  minutiae  of  gram- 
matical study  incapacitated  him  for  developing  compre- 
hensive plans  of  government.  As  a  result  he  was  easily 
managed  by  the  members  of  his  household,  and  the  inner 
history  of  his  reign  is  a  continuous  story  of  intrigue  by  the 
women  and  the  freedmen  about  him,  first  by  his  freed- 
man  Narcissus  and  his  wife  MessaHna,  and,  after  her  death, 
by    Narcissus    and    his    second    wife    Agrippina,  with    the 


294  IMPERIAL   PERIOD:    HISTORICAL 

support  of  Pallas,  and  of  Burrus,  whom  she  had  elevated 
to  the  position  of  prefect  of  the  praetorian  guard.  This 
transfer  of  the  real  authority  to  men  who  were  virtually 
imperial  ministers  —  for  this  was  what  the  new  system  really 
amounted  to — had  its  advantages  as  well  as  its  disadvan- 
tages. Narcissus  in  particular,  who  played  so  important 
a  role  during  the  greater  part  of  Claudius's  reign,  had  a 
decided  talent  for  public  affairs,  and  the  administration  of 
the  government  profited  accordingly.  Thus,  for  instance, 
not  only  were  ])ublic  finances  placed  on  a  sound  basis  once 
more,  but  public  improvements  of  great  importance  were 
made,  such  as  the  extension  of  the  aqueduct  system,  and 
the  improvement  of  the  harbor  at  Ostia.  The  antiquarian 
tastes  of  Claudius  were  not  wholly  detrimental  to  the  public 
interests.  They  encouraged  a  regard  for  tradition  and  for 
old  institutions ;  the  senate  in  particular  was  treated  with 
respect.  It  became  once  more  a  deliberative  body,  and 
acquired  some^part  of  its  old-time  independence.  Although 
the  natural  bent  of  Claudius  and  his  early  life  had  robbed 
him  in  a  measure  of  the  power  of  taking  the  initiative  in 
important  matters,  it  had  developed  in  him  an  infinite 
patience  in  perfecting  a  system  already  in  existence.  To 
this  characteristic  is  due  largely  the  improvements  in  the 
judicial  system  and  in  the  police  and  water  departments  of 
the  city. 

352.  Accession  of  Nero.  In  her  stniggle  with  Narcissus, 
Agrippina's  first  object  was  to  secure  the  succession  for 
Nero,  her  son  by  Cn.  Domitius  Ahenobarbus.  She  pre- 
vailed at  last  upon  Claudius  to  adopt  him,  and,  taking 
advantage  of  the  illness  and  absence  of  Narcissus  in  the 
year  54,  cleared  the  way  for  her  son  by  having  Claudius 
poisoned.  Her  faithful  supporter,  Burrus,  brought  Nero 
before  the  troops,  and  he  was  saluted  emperor. 


TIBERIUS   TO   NERO  295 

353.  Court  Intrigue  under  Nero.  His  reign  was  like 
that  of  his  immediate  predecessor  in  two  respects.  It  was 
full  of  intrigue,  and  the  control  of  public  affairs  was  left 
largely  in  the  hands  of  advisers  and  favorites.  The  char- 
acter of  the  government  depended  on  the  character  and 
ability  of  those  under  whose  influence  Nero  fell.  When 
Agrippina  first  formed  her  ambitious  plans  for  her  son,  she 
placed  him  under  the  tutelage  of  the  philosopher  Seneca 
and  the  protection  of  the  prefect  Burrus.  As  soon  as  he 
ascended  the  throne,  the  new  emperor  showed  that  he 
cared  only  for  the  pleasures  and  the  distinction  which  his 
position  gave  him,  and  was  content  to  leave  the  affairs  of 
state  in  the  hands  of  his  mother  and  her  two  advisers ;  but 
the  outcome  did  not  please  Agrippina.  She  was  by  no 
means  satisfied  with  the  small  share  in  the  government 
which  she  soon  found  that  Seneca  and  Burrus  were  wilUng 
to  allow  her,  and  she  cast  about  for  means  to  force  Nero  to 
recognize  her  authority.  Her  efforts  were. fruitless,  and  it 
is  a  remarkable  illustration  of  the  irony  of  fate  that  her 
downfall  was  finally  brought  about  by  the  same  means  which 
had  raised  her  to  power.  Just  as  her  personal  charms  had 
been  used  to  encompass  the  ruin  of  Messalina,  so  the  beauty 
of  Poppaea  Sabina,  the  wife  of  M.  Salvius  Otho,  caused  the 
downfall  of  Agrippina.  Ultimately  she,  as  well  as  Britannicus 
and  Octavia,  Nero's  wife,  fell  a  victim  to  the  jealous  sus- 
picions of  the  emperor.  The  death  of  Burrus  three  years 
later,  in  62,  the  appointment  of  TigeUinus  as  one  of  the 
prefects  of  the  praetorian  guard,  and  the  forced  retirement 
of  Seneca,  left  Rome  at  the  mercy  of  Nero's  passions,  stim- 
ulated as  they  were  by  TigeUinus  and  the  freedmen  of  the 
court. 

354.  Administration  of  Public  Affairs  under  Nero.  The 
character  of  Nero's  administration  differed  greatly  in  these 


296  IMPERIAL    I'KKIOI):    HISTORICAL 

two  periods.  Under  the  ministerial  rule  of  Seneca  the 
senate  was  associated  in  the  g()\ernment,  as  it  had  been  in 
the  time  of  Claudius  (cf.  p.  294),  and,  thanks  to  the  cre- 
ative ability  of  Seneca  and  the  patience  and  energy  of 
Burrus,  many  important  administrative  reforms  were  intro- 
duced. The  legislation  of  the  years  56-62  touching  wills, 
adoption,  and  certain  abuses  in  the  courts,  as  praevariaxtio 
and  tergiTersatio,  was  esijecially  salutary.  The  finances 
were  managed  with  such  wisdom  that  60,000,000  sesterces 
were  annually  turned  into  the  state  treasury.  The  second 
period  of  the  reign  shows  a  far  different  state  of  affairs. 
Life  and  liberty  were  held  in  light  esteem,  and  the  finances 
of  the  state  fell  into  a  deplorable  condition.  The  financial 
difficulties  of  the  em[)ire  were  due  in  part  to  the  great  fire 
of  the  year  64  and  to  the  expenditure  of  large  sums  in 
carrying  on  foreign  campaigns  ;  but  only  in  part,  since  the 
extravagance  of  the  court  in  building  palaces  and  baths 
and  in  giving  public  games  was  largely  responsible  for  this 
state  of  affairs  ;  and,  to  make  matters  worse,  in  meeting 
this  difficulty,  the  government  resorted  to  the  dangerous 
expedient  of  debasing  the  coinage. 

355.  Galba,  Otho,  and  Vitellius.  The  discontent  to 
which  Nero's  misgovernment  gave  rise  found  expression 
in  numerous  conspiracies  supported  by  the  aristocracy  and 
members  of  the  senate.  But  Nero  had  little  to  fear  from 
this  source.  The  danger  lay  in  another  quarter.  The 
establishment  of  a  standing  army  by  Augustus,  with  a  long, 
fixed  term  of  service  (cf.  pp.  285  f.),  and  the  assignment  of 
legions  for  an  indefinite  period  to  a  particular  province, 
where  allegiance  to  the  emperor  was  forgotten  in  devotion 
to  their  commander,  had  divided  the  em])ire  into  a  group 
of  inchoate  ]jrincij)alities,  in  each  of  which  the  soldiers 
and  inhabitants  had  begun  to  feel  the  community  of  their 


TIBERIUS    TO    NERO  297 

interests.  In  fact,  the  tendency  which  was  developing  in 
the  provinces  in  the  middle  of  the  first  century  of  our  era, 
unless  it  had  been  summarily  checked,  might  have  led  to 
the  immediate  disintegration  of  the  Roman  Empire.  The 
first  clear  indication  of  this  nationalist  movement  appeared 
in  Gaul  in  68,  but  the  defeat  of  the  leader  of  the  move- 
ment, C.  Julius  Vindex,  by  L.  Verginius  Rufus,  the  gov- 
ernor of  Upper  Germany,  crushed  it  out.  Rufus  himself, 
however,  was  proclaimed  imperator  by  his  troops.  He 
declined  the  offer,  it  is  true,  but  not  so  much  because 
of  his  loyalty  to  Nero  or  the  central  government  as  on 
account  of  his  own  low  origin,  which  would  probably  have 
frustrated  any  designs  on  the  throne.  No  such  difficulty 
stood  in  the  way  of  Ser.  Sulpicius  Galba,  the  governor  of 
Hispania  Tarraconensis,  who  belonged  to  an  old  and  influ- 
ential family.  He  was  proclaimed  emperor  by  his  own 
troops,  was  supported  by  the  German  legions,  when  their 
commander,  Rufus,  had  positively  refused  to  accept  the 
position,  and  through  the  efforts  of  Numpidius  Sabinus, 
the  prefect  of  the  praetorian  guard,  secured  the  adherence 
of  that  force.  Nero,  finding  himself  deserted  by  every 
one,  took  his  own  life  June  9,  68.  The  policy  of  Galba 
did  not  prove  to  be  a  wise  one.  He  punished  the  dis- 
affected soldiers  of  the  German  legions.  He  removed  their 
popular  leader,  Rufus,  and  estranged  the  praetorian  guard 
by  not  fulfilling  the  promises  which  Numpidius  had  made 
in  his  name.  The  legions  in  Lower  Germany  retaliated  by 
naming  their  commander,  A.  Vitellius,  emperor,  while  the 
praetorian  guard  in  Rome  proclaimed  M.  Salvius  Otho. 
Galba  was  assassinated  in  January,  69  ;  the  senate  con- 
firmed the  choice  of  Otho,  and  the  new  emperor  set  out 
for  the  North  to  check  the  advance  of  his  rival.  Otho 
was  defeated  at  Cremona,  and  later  at  Bedriacum,  and  left 


298  IMPERIAL    PERIOD:    HISTORICAL 

Italy  and  his  Italian  supporters  a  prey  to  the  wrath  and 
the  greed  of  the  (ierman  legions  by  taking  his  own  life  in 
April,  69.  Vitellius  was  at  once  recognized  as  emperor  by 
the  senate,  and  began  his  reign  by  adopting  a  conciliatory 
policy  toward  the  senate  and  the  members  of  the  opposite 
faction. 

356.  Extinction  of  the  Julian  Line.  Naturally  very 
little  of  constitutional  or  administrative  significance  was 
done  during  this  year  of  confusion.  The  most  important 
result  of  the  death  of  Nero  was  the  disappearance  of  the 
partially  recognized  hereditary  principle.  The  recognition 
of  this  principle  had  tended  to  give  continuity  to  the  gov- 
ernment. At  least,  the  next  of  kin  to  a  deceased  emperor, 
if  supj)orted  by  the  praetorian  guard,  was  reasonably  sure 
of  the  succession.  The  extinction  of  the  Julian  line,  how- 
ever, opened  the  door  to  any  successful  commander,  and 
the  armies  in  the  provinces  became  the  effective  electoral 
bodies.  The  necessity  of  securing  the  confirmation  of  the 
senate  was  recognized,  but  the  acquiescence  of  that  body 
was  naturally  a  matter  of  form. 

357.  The  Frontier  Policy  from  a.d.  14  to  68.  The 
successors  of  Augustus  from  a.d.  14  to  68  followed  out 
the  frontier  policy  which  he  had  indicated.  They  strength- 
ened the  frontiers  of  the  empire,  but  made  no  serious 
efforts  to  push  them  forward,  except  in  the  case  of  Britain. 
In  the  East,  the  reduction  of  Cappadocia  to  the  form  of  a 
province  in  a.d.  17  helped  to  protect  Roman  territory,  and, 
after  a  long  dispute  over  Armenia,  a  modus  vii'cndi  with 
Parthia  was  reached  in  the  year  63,  under  which  Tiridates, 
the  brother  of  the  Parthian  king,  received  the  Armenian 
crown  in  Rome  from  the  hands  of  Nero.  Under  Claudius 
the  southern  frontier  was  fortified,  and  the  two  Maure- 
tanian  provinces,  which  had  been  established  in  40,  were 


TIBERIUS   TO    NERO  299 

completely  pacified  two  years  later.  In  the  North  no 
determined  effort  was  made  to  force  the  peoples  beyond 
the  Rhine  to  recognize  Roman  authority,  but  the  frontier 
line  along  that  river  was  protected,  and  the  Germans  were 
encouraged  to  waste  their  strength  in  internecine  warfare. 
Disturbances  in  Thrace  led  to  its  annexation  as  a  prov- 
ince in  46,  and  thus  the  Danube  continued  the  line  of 
the  empire  to  the  Black  sea.  In  the  West  only  an  impor- 
tant increase  of  territory  was  made  by  the  conquest  of 
southern  Britain  and  its  erection  into  a  province  in  the 
year  43. 

358.  Municipal  Government  in  Italy.  One  of  the  most 
noteworthy  constitutional  changes  under  the  early  empire 
consisted  in  the  development  of  municipal  government  in 
Italy  and  the  provinces,  and  in  the  tendency  to  secure 
uniformity,  at  least  within  a  given  area.  The  prevailing 
system  adopted  for  the  miinicipia  in  Italy  was  similar  to 
that  in  force  in  Rome.  It  comprised  magistrates,  a  senate, 
and  a  popular  assembly.  The  magistrates  were  known  as 
IV  viri,  formed  two  colleges,  and  were  commonly  called 
//  viri  iiire  diciindo  and  //  viri  aedilicia  potestate.  They 
were  chosen  in  the  popular  assembly,  although  elections 
were  later  transferred  to  the  senate.  The  //  viri  iure  di- 
cundo  had  the  right  to  convoke  and  preside  over  the  local 
senate  and  popular  assembly,  to  exercise  jurisdiction  in  civil 
and  criminal  cases  under  certain  restrictions,  and  in  coop- 
eration with  the  senate  they  had  charge  of  the  finances 
and  of  the  local  military  contingent.  The  //  viri  aedilicia 
potestate  had  charge  primarily  of  the  police  and  of  the 
public  games.  In  some  communities  quaestors  were  also 
chosen.  Otherwise  minor  financial  duties  were  performed 
by  the  aediles.  All  these  officials  were  chosen  annually, 
and  had  insignia  not  unlike   those   of  the   magistrates  at 


300  IMPERIAL    PKRIOI):    HISTORICAL 

Rome.  Every  five  years  //  viri  quinqueiinalcs  censoria 
potestate  were  elected  to  take  the  census.  The  senate 
{ordo  deairiomini  or  senatiis)  usually  comprised  loo  mem- 
bers. A  senator  held  his  position  for  life,  subject  to  the 
discretion  of  the  censors,  who  made  out  the  Hst  of  senators 
on  the  same  principle  which  the  censors  at  Rome  followed. 
The  relations  which  a  municipal  senate  bore  to  the  local 
magistrates  and  popular  assemblies  were  almost  exactly  the 
same  as  those  which  the  Roman  senate  bore  to  the  Roman 
magistrates  and  to  the  comitia.  The  inhabitants  of  the 
municipalities  fell  into  two  classes,  cives  and  incolae.  Gives 
were  those  who  had  the  rights  of  citizenship  by  birth  or  by 
special  concession.  Incolae  were  those  who  had  taken  up 
their  domicile  in  a  town  without  severing  their  relations 
with  the  community  from  which  they  had  come.  Both 
classes  were  liable  to  military  service  and  to  the  other 
munera  imposed  by  the  community,  but  the  cives  only, 
under  the  early  empire,  were  eligible  to  office.  The  unit 
in  the  popular  assembly  was  the  curia  or  the  tribus,  and 
the  method  of  voting  was  identical  with  that  in  force  at 
Rome. 

359.  Local  Government  in  the  Provinces.  The  unit  of 
government  in  the  newly  acquired  provinces  of  the  West 
was  the  municipality,  and  to  most  of  these  municipalities, 
as  they  gave  evidence  of  becoming  Romanized,  the  ins 
Lata  was  granted.  Those  who  had  held  magistracies  or 
a  seat  in  the  local  senate  received  the  full  rights  of  citizen- 
ship, and  the  adoption  of  this  policy  did  much  toward 
attaching  the  leading  families  to  the  Roman  regime.  In 
Germany  and  the  other  less  civilized  provinces  to  the  north, 
the  cantonal  or  some  similar  unit  of  government  was 
adopted.  The  policy  which  Rome  followed  in  the  older 
provinces    of    the   East    has    already  been    discussed    (cf. 


TIBERIUS    TO    NP:R0  3OI 

pp.  88  ff.  )•  Some  modifications  of  it  had  been  intro- 
duced in  the  later  republican  period,  but  in  most  cases  the 
old  systems  of  local  government  with  the  traditional  titles 
for  the  several  offices  were  retained,  except  that  the 
financial  system  was  reorganized. 

360.  Changes  in  Provincial  Government.  The  govern- 
ors of  imperial  provinces  were  appointed  by  the  emperor, 
administered  their  provinces  under  his  supervision,  and 
looked  to  him  for  advancement,  and  one  of  the  most 
marked  but  natural  changes  of  the  provincial  system, 
during  the  period  under  consideration,  is  the  tendency 
to  leave  all  important  matters  of  administration  to  the 
decision  of  the  emperor.  This  practice  comes  out  very 
clearly  some  fifty  years  later  in  PHny's  letters  to  Trajan, 
where  matters  of  almost  a  trivial  character  were  referred 
to  the  emperor  for  settlement.  The  senate  theoretically 
maintained  its  right  to  reverse  the  decisions  of  its  own 
governors,  and  on  occasion  actually  exercised  the  right, 
as  we  may  infer  from  Phny's  correspondence  (X.  56; 
X.  72)  ;  but  the  commanding  influence  of  the  emperor  in 
the  senate,  his  exalted  position  as  proconsul  of  a  large  part 
of  the  Roman  world,  and  the  deference  shown  him  by  the 
governors  of  imperial  provinces  could  not  fail  to  have  an 
effect  on  the  governors  of  senatorial  provinces  also.  We 
are  not  surprised,  therefore,  to  find  them,  too,  appealing  to 
the  emperor  for  advice  in  difficult  matters  of  administration. 
Governors  in  both  the  imperial  and  senatorial  provinces 
seem  to  have  taken  more  and  more  into  their  own  hands  the 
supervision  of  the  administrative  affairs  of  the  communities 
located  in  their  provinces.  In  particular,  as  we  see  from 
Pliny's  letters,  they  concerned  themselves  with  the  economic 
affairs  of  these  communities  and  the  questions  involved  in 
the  construction  of  public  buildings  and  public  works. 


302  IMPERIAL    rEKIUD:    HISTORICAL 

361.  The  Provincial  Assemblies.  A  new  and  most 
interesting  iK)liti(  al  institution  of  the  imperial  period  is 
the  provincial  asseml)ly,  made  uj)  of  representatives  from 
the  communities  lying  within  a  given  area.  As  early  as  the 
time  of  \erres  the  commonwealth  of  Sicily  {commune  Sici- 
liae,  Cic.  in  Verr.  ii,  2.  154)  chose  representatives  to  pay 
certain  honors  to  its  governor.  It  was  left  for  the  im- 
perial cult  in  the  provinces,  however,  in  its  development 
to  direct  this  movement  toward  representative  government. 
The  cult  of  the  emi)eror  appeared  first  in  Augustus's  own 
lifetime  in  the  (ireek  cities  of  .Asia,  and  spread  rapidly 
through  the  western  as  well  as  the  eastern  provinces.  The 
imperial  officials  fostered  it,  because  it  knit  the  Roman 
world  together  and  developed  a  spirit  of  loyalty  toward 
the  central  government,  as  personified  in  the  emi)eror. 
To  construct  temples  to  him  and  to  the  Den  Roma, 
and  to  celebrate  festivals  in  honor  of  the  new  deities,  a 
provincial  assembly  {concilium  provinciac)  met  annually  in 
the  principal  city  of  the  province  under  the  presidency  of 
Xhe  Jia?ncn  proiinciac.  Its  main  duties  were  of  a  religious 
character.  They  consisted  in  arranging  the  details  of  the 
imperial  worship,  and  in  imposing  taxes  for  its  proper  main- 
tenance on  the  cities  of  the  province  ;  but  these  assemblies 
also  took  it  on  themselves  to  discuss  certain  matters  of 
general  interest  to  their  respective  provinces,  and  to  send 
deputations  to  the  emperor  to  lay  the  results  of  their 
deliberations  before  him.  A  large  body  of  inscriptions 
attests  the  activity  of  the  concilia  and  shows  the  varied 
character  of  the  business  which  came  before  them.  The 
institution  acquired  in  time  some  political  importance  (cf. 
p.  372),  and  it  is  interesting  because  it  is  one  of  the 
earliest  attempts  to  establish  on  a  large  scale  our  modern 
system  of  representative  government. 


TIBERIUS    TO    NERO  303 

Selections  from  the  Sources 

Tacitus,  Anti.  I.  5-VI ;  XI-XVI  ;  Hist.  I ;  II.  i  i-ioi  ;  Suetonius, 
Tiberius,  Caligula,  Claudius,  N^ero,  Galba,  Otho,  Vitellius ;  Dio 
Cassius,  LVII-LXV;  Josephus,  Antiq.  hid.  XVIII-XX;  Strabo; 
Velleius  Paterculus,  II.  124  ff.  ;  Plutarch,  Galba,  Otho;  Eutropius, 
VII.  11-18. 

Recommendations  of  Augustus  read  in  senate :  Dio,  LVI.  t,^,.  — 
Elections  given  to  senate  (a.d.  14)  :  Tac.  Ann.  I.  15  ;  Veil.  II.  126.  2. 

—  Mutiny  in  Germany:  A)in.  I.  31  ff .  ;  Dio,  LVII.  4  f.  — Minuta 
maiestas :  Ann.  I.  72.  —  Curatores  riparum  et  alvei  Tiberis :  Dio, 
LVII.  14.  —  Recall  of  Germanicus  (a.d.  16):  Antt.  II.  26.  —  Cappa- 
docia,  Roman  province  (a.d.  17):  Dio,  LVII.  17. —  Alliance  with 
Parthia  (a.d.  18)  :  A)tn.  II.  58.  —  Death  of  Germanicus  (a.d.  19) : 
Ann.W.  69-73.  —  Law  governing  price  of  grain  (a.d.  19)  :  Ann.  II. 
87.  —  Death  of  Cn.  Piso  (a.d.  20)  :  Ann.  III.  15.  — Sumptuary  laws: 
Ann.  II.  iT^\  III.  52-5.  — Drusus,  the  tribunicia  potestas  (a.d.  22) : 
.^««.  III.  56-7.-^ L.AeliusSejanus:  Anti.  IV.  1-2. — ^  Sejanus  is  refused 
the  hand  of  Livia  (a.d.  25)  :  A)i}t.  IV.  39-40.  —  Tiberius  retires  to 
Capri  (a.d.  27):  Ajin.  IV.  67.  —  Overthrow  of  Sejanus  (a.d.  31): 
Dio,  LVIII.  II;  Suet.  Tib.  65.  —  Prosecutions:  Ann.  VI.  3  ff. — 
Financial  legislation  (a.d.  ^■^•.  Ann.  VI.  17.  —  Death  of  Tiberius 
(a.d.  37)  :  Ann.  VI.  50 ;  Suet.  Tib.  73.  —  Gaius  succeeds :  Suet. 
Cal.  14.  —  Elections  restored  to  comitia  (a.d.  38)  :  Dio,  LIX.  9. — 
Prosecutions:  Dio,  LIX.  13,  16,  18.  —  Cruelties  of  Gaius  :  Dio,  LIX. 
25-6. — Murder  of  Gaius  (a.d.  41):   Suet.   Cal.  58;   Dio,  LIX.  29. 

—  Claudius  succeeds:  Suet.  Claud.  lo-ii;  Dio,  LX.  i.  —  Charac- 
ter: Suet.  Claud.  2  f.,  29  ff.  ;  Dio,  LX.  2  ;  Sen.  Apoc.  —  Reforms: 
Dio,  LX.  6.  —  Provinces  of  Mauretania  established  (a.d.  42)  :  Dio, 
LX.  9.  —  Conspiracy  of  Vinicianus  (a.d.  42):  Dio,  LX.  15.  —  Cam- 
paigns of  Plautius  and  Ostorius  in  Britain  (a.d.  43  and  50) :  Dio,  LX. 
19-22,  30;  Ann.  XII.  31-40;  Agr.  13  f.  —  Achaea  and  Macedonia 
become  senatorial  provinces  (a.d.  44) :  Dio,  LX.  24.  —  Treasury  under 
two  quaestors:  Dio,  LX.  24.  —  Advocates'  fees  limited:  Ann.  XI. 
5-7.  —  Census  taken  (a.d.  48):  Ann.  XL  25.  —  Messalina  killed 
(a.d.  48)  :  Ann.  XL  26-38.  —  Agrippina  :  Ann.  XII.  1-8:  —  Seneca, 
tutor  of  Domitius,  son  of  Agrippina:  Ann.  XII.  8.  —  Claudius  adopts 
Domitius  with  name  of  Claudius  Nero  (a.u.  50)  :  Ann.  XII.  25  f.  — 
Lake  Fucinus  :  Ann.  XII.  56-7.  —  Aqua  Claudia  and  Anio  Novus : 
Erontin.  de  Aquaed.   13.  —  Death  of  Claudius  (a.d.   54):  Ann.  XII. 


304  IMPERIAL    PKRIOD:    HISTORICAL 

66-S.  —  Nero  succeeds:  .//;//.  XII.  69;  Hio,  LXI.  3.  —  Burrus  and 
Seneca:  Oio,  LXI.  4;  Ann.  XIII.  2.  —  Nero  poisons  Britannicus 
(A.D.55):  ^;/«.XIH.  16-17. —  Agrippina  killed  (59  A.n.) :  ./;/;/.  XIV. 
3-S  ;  Suet.  jVero,  34.  —  Death  of  Burrus  (a.D.  62)  :  Ann.  XIV.  51.  — 
Tiridates  accepts  crown  from  Nero  (a.d.  63)  :  Ann.  XV.  29  ff. ;  Dio, 
LXIII.  2-7.  — Death  of  Seneca  (a.d.  65)  :  Ann.  XV.  60  ff.  —  Vindex  : 
Dio,  LXIII.  22.  —  Galba  proclaimed  emperor  by  his  troops:  Dio, 
LXIII.  23. —  Vindex  defeated:  Dio,  LXIII.  24.  —  Death  of  Nero 
(a.d.  6S)  :  Suet.  Nero,  47-9.  —  A.  Vitellius  proclaimed  emperor  by 
his  troops  (a.d.  69):  Hist.  I.  56-7.  —  Galba  adopts  Piso :  ///.r/.  I. 
14-19.  — Otho  declared  emperor  by  praetorian  guard:  Nist.  I.  27  f. — 
Death  of  Galba  :  I/ist.  I.  41.  —  Bedriacum:  Hist.  11.  40-45.  —  Death 
of  Otho:  I/ist.  II.  .|6  ff . ;  Dio,  LXIV.  15.  —  Vitellius  recognized  at 
Rome:    Hist.   II.   55.  —  Character:   ///.?/.  II.  62,  73  ;  Dio,  LXV.  3. 

Selected  Bjbliography  ^ 

A.  Stahr,  Tiberius.    Berlin,  1873. 

G.  Boissier,  L'opposition  sous  les  Cesars.     Paris,  1S92. 

H.   Lehmann,  Claudius  und  Nero   und  ihre  Zeit,  Vol.   I.      Gotha, 

1877- 
Sievers,  Studien  zur  Geschichte  der  rtimisclien  Kaiser.    Berlin,  1S70. 
R.  Bompard,  I.e  crime  de  lese  majcste.    Paris,  iSSS. 
Guiraud,  Les  assemblees  provinciales  dans  I'empire  remain.     Paris, 

18S7. 
Hirschfeld,  Zur  Geschichte  des  riim.   Kaisurcultus,  in  Sitzungsb.  d. 

Akad.  d.  Wissensch.  zu  Berlin,  iSSS,  2ter  Halbb.  pp.  S33  ff. 

SUPPLE.MENTARY    LlTERATUKE,    I9OI-I9IO 

Henderson,  The  Life  and  Principale  of  the  Emperor  Nero.    London, 

1903. 
Ferrero,  Characters  and  Events  of  Roman  History.     From  Caesar 

to  Nero.     London,  1909. 
Houdoy,  Le  droit  municipal.     Paris,  1876. 
Tarver,  Tiberius  the  Tyrant.     London,  1902. 

'  Sec  also  p.  288. 


CHAPTER   XIV 
THE   FLAVIAN   EMPERORS 

362.  Vespasian  proclaimed  Emperor.  When  the  news 
of  the  battle  of  Bedriacum  and  of  the  death  of  Otho 
reached  Rome,  the  soldiers  took  the  oath  of  allegiance 
to  Vitellius,  and  the  senate  accorded  him  imperial  honors ; 
but  before  he  had  reached  the  city  a  new  aspirant  for  the 
throne  had  arisen  —  this  time  in  the  East,  in  the  person  of 
Vespasian.  He  was  proclaimed  emperor  in  Alexandria  by 
the  prefect  of  Egypt,  July  i,  69,  and  from  this  date  he  sub- 
sequently counted  the  years  of  his  reign.  The  legions  in 
Judaea,  Syria,  Moesia,  Pannonia,  and  Illyricum  supported 
him,  and  Mucianus,  governor  of  Syria,  and  his  principal 
lieutenant  was  sent  into  Italy.  Antonius  Primus,  who 
commanded  seven  legions  in  Illyricum,  reached  Italy  in 
advance  of  Mucianus,  however,  defeated  the  army  of 
Vitellius  at  Cremona  in  a  bloody  battle,  marched  rapidly 
toward  Rome,  and  entered  the  city  December  20.  Vitel- 
lius, in  attempting  to  escape,  was  seized  and  put  to  death. 
On  the  following  day  Vespasian  was  made  consul,  and 
received  from  the  senate  the  title  of  Augustus  and  the 
tribunician  power. 

363.  Precarious  Position  of  Vespasian.  The  outlook 
for  Vespasian,  however,  seemed  anything  but  promising. 
He  was  a  man  of  humble  birth,  and,  therefore,  apparently 
hampered  by  the  same  drawbacks  which  had  prevented 
Verginius  Rufus  from  yielding  to  the  temptation  held  out 
to  him  by  his  soldiers  (p.  297).     He  was  a  mere  soldier, 

305 


3o6  imi]:kial  rERiui):  historical' 

with  no  experienre  in  rivil  affairs,  and  finally  he  followed 
a  series  of  pretenders,  who  had  been  set  on  the  throne 
by  one  army  to  be  displaced  by  another.  In  fact,  the 
ui)rising  of  the  troops  in  Germany  under  Claudius  Civilis, 
before  he  had  ascended  the  throne,  seemed  to  foreshadow 
the  same  fate  for  him  also. 

364.  The  Character  of  Vespasian.  His  sterling  tpialities, 
however,  saved  him  from  all  these  dangers.  Indeed,  from 
a  knowledge  of  his  antecedents  and  character,  one  could 
almost  forecast  the  outcome  of  his  reign  and  the  political 
and  social  changes  which  he  would  strive  to  effect.  We 
have  noticed  that  he  was  of  humble  birth.  His  family 
came  from  the  little  town  of  Reate,  in  the  Sabine  terri- 
tory. His  grandfather  had  been  engaged  in  collecting 
small  debts ;  his  father  was  a  tax-collector.  The  family 
stock  was  not  unlike  that  of  the  poet  Horace,  and  the 
picture  which  Horace  has  drawn  of  his  father  may  well 
serve  to  give  us  a  fair  impression  of  the  grandfather  and 
father  of  Vespasian.  He  was  already  advanced  in  life  — 
he  was  sixty  years  old  at  this  time  —  and  he  had  received 
the  hardy  training  of  a  soldier.  Both  of  these  facts  must 
have  emphasized  the  traits  of  character  which  he  inherited 
from  his  immediate  ancestors.  Having  been  born  outside 
the  city,  he  had  none  of  the  narrow  municipal  prejudice 
of  the  native  Roman.  His  humble  surroundings  in  early 
life,  and  his  experience  as  a  soldier,  had  made  his  tastes 
simple  and  his  methods  direct.  Then,  too,  if  he  had  been 
brought  up  in  Rome,  he  would  have  felt  himself  bound 
by  the  social  and  political  traditions,  which  i)revented 
several  of  his  predecessors  from  aiming  directly  at  the 
object  which  they  wished  to  accomplish.  The  fact  that 
he  was  born  in  a  little  country  village  left  him  free  in  this 
respect.      His  obscure  birth  saved    him   also    from  paying 


THE    FLAVIAN    EMPERORS  307 

undue  deference  to  aristocratic  prejudice.  Finally,  he 
inherited  from  his  immediate  ancestors  shrewdness  in  deal- 
ing with  the  practical  affairs  of  life,  and  especially  in 
managing  financial  transactions. 

365.  Administrative  and  Constitutional  Reforms  during 
his  Reign.  These  traits  of  Vespasian's  character  found 
expression  in  the  administrative  and  constitutional  reforms 
which  he  introduced.  His  methodical  tendency  and  his 
sense  of  order  led  him  to  take  immediate  measures  to 
suppress  the  insurrection  under  Civilis,  to  restore  order  in 
Germany,  and  to  perfect  the  system  of  frontier  defenses 
on  the  borders  of  Moesia,  of  Pannonia,  and  in  the  East. 
Most  of  the  principalities  and  free  states  in  the  Orient 
were  made  provinces,  and  were  governed  as  the  adjoining 
countries.  His  regard  for  system  led  to  the  formulation, 
though  possibly  not  for  the  first  time,  of  the  constitutional 
powers  and  privileges  of  the  emperor  in  the  celebrated 
lex  de  imperio  Vespasiani  (cf.  p.  407).  This  trait  in  his 
character  led  him  also  to  make  early  arrangements  to  take 
the  census,  and  from  the  information  which  the  census-lists 
gave  him  he  was  able  to  reorganize  the  senate  and  the 
equestrian  order,  to  pick  out  men  who  were  qualified  to 
fill  administrative  positions,  and  to  decide  how  and  where 
to  levy  troops.  He  gained  exact  information  with  reference 
to  the  resources  of  the  state,  information  which  was  of  ines- 
timable value  to  him  in  determining  the  most  equitable 
and  profitable  form  and  rate  of  taxation.  On  the  other 
hand,  he  learned  the  needs  of  the  empire,  in  the  way 
of  public  works  and  public  buildings.  According  to  the 
emperor's  own  estimate,  the  reorganization  of  the  financial 
system  and  the  material  needs  of  the  empire  called  for 
forty  billions  of  sesterces.  This  enormous  sum  was  raised 
without   apparently  crippling   industry  or   exciting   serious 


308  IMI'KKIAL    PERIOD:    HISTORICAL 

opposition.  In  some  cases  the  rate  of  taxation  was  in- 
creased, new  taxes  were  levied,  or  larger  contributions  from 
the  provinces  were  required ;  but  the  greatest  gain  was 
made  by  doing  away  with  the  exemption  of  favored  classes, 
and  by  insisting  on  honesty  and  economy  in  raising  the 
levy.  Here  Vespasian's  clear  insight  into  financial  matters 
helped  him  greatly. 

His  freedom  from  native  Roman  and  aristocratic  preju- 
dice allowed  him  to  make  important  changes  in  the  character 
of  the  senate  and  the  senatorial  order.  Some  of  his  prede- 
cessors had  aimed  at  creating  a  new  senatorial  aristocracy 
dependent  on  the  emperor  for  its  position  and  honors,  and 
Claudius  had  gone  so  far  as  to  admit  men  from  the  provinces 
who  had  distinguished  themselves,  but  in  most  cases  those 
who  received  seats  in  the  senate  were  natives  of  the  city 
of  Rome  and  ex-magistrates.  Vespasian,  however,  freely 
gave  the  senatorial  rank  to  provincials,  and,  with  that 
directness  of  purpose  which  characterized  him,  he  did  not 
in  all  cases  require  a  candidate  for  senatorial  honors  to 
hold  a  magistracy,  but  he  conferred  the  dignity  upon  him 
directly.  Vespasian's  practice  in  this  respect  was  followed 
by  his  successors,  and  from  the  time  of  Domitian  this 
imi)crial  i)rerogative  was  freely  exercised.  The  senatorial 
order  thus  ceased  to  be  a  Roman  aristocracy  ;  it  was  no 
longer  based,  even  formally,  on  republican  tradition.  It 
was  an  aristocracy  of  the  empire,  whose  privileges  were 
within  the  gift  of  the  emperor.  This  policy  of  conferring 
privileges  and  honors  upon  deserving  persons  throughout 
the  Roman  world  was  carried  down  into  the  lower  strata 
of  society  also.  The  rights  of  Latin  citizenship  were  given 
to  all  the  hitherto  subject  communities  in  Spain,  and  to 
some  among  the  Helvctii.  The  practice  of  bestowing  the 
rights  of  citizenship  and   the  privileges  of  senatorial  rank 


THE    FLAVIAN    EMPERORS  309 

on  provincials  is  a  definite  part  of  the  Flavian  policy,  and 
perhaps  nothing  did  more  to  develop  throughout  the  empire 
a  unity  of  interests  and  a  loyalty  to  the  central  government. 
Those  who  had  received  these  honors  were  proud  of  them, 
and  grateful  to  the  ruler  who  gave  them.  Those  who  had 
not  attained  them  were  anxious  to  prove  their  fitness  to 
receive  them.  The  fruits  of  this  generous  policy  toward 
the  provincials  are  seen  in  the  Spanish  origin  of  Trajan, 
Hadrian,  and  M.  Aurelius,  and  in  the  Gallic  origin  of 
Antoninus. 

The  power  which  Vespasian  exercised  in  raising  private 
citizens  to  senatorial  rank  took  from  the  magistracies  the 
greater  part  of  the  importance  which  they  had  had  under 
the  early  emperors.  It  was  no  longer  necessary  to  hold 
a  magistracy  in  order  to  be  admitted  to  the  senate.  The 
practice  of  holding  the  consulship  for  only  two  months 
also  materially  lessened  the  dignity  of  that  office,  which 
was  still  further  diminished  by  the  encroachment  of  various 
imperial  offices. 

366.  The  Reign  of  Titus.  With  all  his  care  in  defining 
the  powers  of  the  emperor,  and  in  introducing  system  into 
the  affairs  of  government,  Vespasian  had  not  settled  the 
principle  of  the  succession.  At  his  death,  however,  in  the 
summer  of  the  year  79,  it  was  rather  a  theoretical  than  a 
practical  question.  He  had  secured  for  his  son  Titus  a 
point  of  vantage,  by  making  him  prefect  of  the  praetorian 
guard,  by  granting  him  the  tribunician  power  in  the  year 
71,  by  allowing  him  to  receive  the  title  of  imperator  after 
his  success  in  Judaea,  and  by  making  him  his  colleague  in 
the  censorship  and  the  consulship.  The  reign  of  Titus, 
which  extends  through  a  period  of  only  about  two  years, 
was  scarcely  long  enough  to  enable  us  to  estimate  the 
character  of  his  administration.     He  seems  to  have  been 


3IO  IMPERIAL    I'KKIUI):    HISTORICAL 

an  amiable  and  mild  ruler.  His  kindness  to  the  people  of 
Campania  after  the  eruption  of  Vesuvius  shows  this  ]jlainly 
enough.  But  this  amiability  of  nature  had  its  unfortunate 
side.  It  led  him  to  si)end  large  sums  of  money  to  amuse 
the  people,  without  counting  the  cost  or  considering  the 
unfortunate  precedent  which  he  set  for  the  future.  He 
held  the  power  firmly  in  his  own  hands,  however,  neither 
recognizing  the  historic  claims  of  the  senate  nor  admitting 
his  brother  Domitian  to  a  share  in  the  government. 

367.  The  Drift  toward  Monarchy  under  Domitian.  The 
theory  upon  which  the  government  of  Augustus  was  based, 
that  the  Roman  world  was  under  the  joint  control  of  the 
princeps  and  the  senate,  had  been  seriously  undermined  by 
the  reorganization  of  the  senate  under  Vespasian,  and  the 
subordination  of  that  body  and  of  the  whole  senatorial 
order  to  him.  Domitian,  who  ascended  the  throne  in 
September,  81,  rejected  completely  the  theory  that  the 
princeps  and  the  senate  jointly  ruled  the  state,  that  the 
government  was  a  dyarchy,  as  it  has  been  called,  and  took 
a  long  step  toward  the  establishment  of  the  monarchy. 
He  was  an  autocrat  by  instinct,  and  consistently  followed 
the  policy  of  keeping  the  supreme  power  entirely  in  his 
own  hands.  In  the  fourth  year  of  his  reign  he  had  himself 
made  censor  for  life.  He  did  not  take  this  office,  as  his 
father  had  done,  for  the  sake  of  reorganizing  the  finances  of 
the  state,  but  solely,  or  mainly,  for  the  purpose  of  control- 
ling the  appointment  of  senators.  In  this  way  he  was  able 
to  degrade  his  enemies  and  to  fill  the  senate  with  his  sup- 
porters. He  also  formally  claimed  the  right  of  sitting  in 
judgment  on  senators  charged  with  capital  offenses.  In  the 
year  84,  in  which  he  took  the  censorship  for  life,  he  had 
himself  made  consul  for  a  period  of  ten  years,  a  step  which 
indicated  his  intention  of  taking  from  his  colleagues  in  that 


THE    FLAVIAN   EMPERORS  31I 

office  even  an  apparent  equality  with  him.  The  same 
intention  is  obvious  in  his  decision  to  reserve  for  himself 
the  laurel  wreath,  and  in  his  assumption  of  certain  unusual 
insignia  of  office.  His  autocratic  attitude  shows  itself  also 
in  the  fact  that  he  tolerated  no  favorites,  and  that  he  did 
not  rule  through  ministers.  In  fact,  constant  changes  were 
made  in  the  personnel  of  the  imperial  household.  In  this 
respect  his  course  is  in  contrast  to  the  policy  of  the  tyrants 
who  had  preceded  him,  Hke  Tiberius  and  Nero.  This 
theory  of  government  puts  on  the  ruler's  shoulders  the 
responsibility  for  the  mistakes  which  may  be  made,  as  well 
as  for  the  wise  measures  which  may  be  taken,  and  Domitian 
seems  to  have  felt  the  responsibility  and  to  have  tried  in 
many  respects  to  do  his  duty  conscientiously.  The  same 
deliberate  purpose  to  rule  alone,  reinforced  perhaps  by  the 
dread  of  a  mihtary  uprising,  led  him  to  divide  the  pro- 
vincial armies  in  such  a  way  that  not  more  than  one  or  two 
legions  should  be  under  the  command  of  a  single  general. 
It  was  probably  a  desire  to  maintain  his  prestige  in  all  fields 
of  activity,  and  his  knowledge  of  the  fact  that  success  in 
arms  still  offered  the  surest  road  to  popularity,  which  led  him 
to  take  charge  in  person  of  the  military  operations  against 
the  Chatti  in  83,  and  in  Moesia  in  86,  and  to  celebrate  a 
triumph  on  his  return  from  the  first  expedition. 

368.  Social  and  Economic  Reforms.  As  has  been  said, 
Domitian  accepted  conscientiously  the  responsibiUty  which 
his  attempt  to  hold  all  the  power  in  his  own  hands  laid 
upon  him.  He  worked  faithfully,  though  not  always  wisely, 
to  improve  the  moral,  religious,  and  economic  condition  of 
the  people  in  Italy  and  the  provinces.  The  Julian  laws, 
passed  to  protect  the  purity  and  integrity  of  family  Hfe, 
were  vigorously  enforced,  and,  like  Augustus  and  Tiberius, 
Domitian  strove  to  stimulate  the  religious  life  of  the  people 


312  IMPERIAL    PERIOD:    HISTORICAL 

by  building  temples  and  by  restoring  the  dignity  of  the 
priesthoods.  To  combat  the  tendency  towards  luxurious 
living  he  adopted  the  eccentric  policy  of  discouraging  and, 
in  some  cases,  of  forbidding  the  cultivation  of  the  vine. 
All  these  measures  for  the  moral  and  religious  improve- 
ment of  the  people  naturally  met  with  little  success,  but  his 
reforms  in  the  judicial  system  and  in  the  army  were  of 
more  importance.  In  particular,  the  administration  of 
justice  profited  greatly  by  his  watchful  supervision  of  the 
courts.  His  management  of  the  finances  of  the  state, 
which  seems  to  have  been  in  the  main  wise  and  econom- 
ical, enabled  him  to  construct  many  important  buildings 
and  public  works  and  to  restore  others  which  needed 
repair.  The  jealous  watch  which  he  kept  on  provincial 
governors  in  most  cases  fostered  justice  and  economy  in 
the  government  of  the  empire  outside  of  Italy. 

369.  Domitian's  Jealousy  and  Tyranny.  In  spite  of  all 
this,  however,  Domitian  was  a  tyrant,  and  a  tyrant  with  cer- 
tain traits  of  character  which  always  make  autocracy  odious. 
His  inordinate  ambition  and  unscrupulous  selfishness,  which 
had  prevented  his  father  and  his  brother  from  conferring  on 
him  the  honors  that  he  would  otherwise  have  had,  took  the 
form,  after  he  had  ascended  the  throne,  of  a  jealous  sus- 
picion of  any  one  who  opposed  him  or  won  any  distinction. 
As  in  the  case  of  several  of  the  Julian  emperors  (cf.  pp. 
289  f.,  295  f.),  his  life  foils  into  two  periods.  Before  the 
uprising  under  Saturninus  in  88  his  policy  was  reasonably 
mild.  After  that  event  he  pursued  those  who  opposed 
him,  or  excited  his  suspicion,  with  a  vindictiveness  which 
knew  no  bounds.  The  fact  that  he  was  childless,  and 
hence  that  the  way  to  the  throne  seemed  open  to  any  ambi- 
tious aspirant,  ])robably  increased  still  more  his  suspicion  of 
any  one  whose  ability  raised  him  above  the  common  level. 


THE    FLAVIAN    EMPERORS  313 

He  fell  by  the  hand  of  members  of  his  own  household  in 
September  of  the  year  96. 

370.  Military  Operations  of  the  Flavian  Period.  The 
disorder  which  had  prevailed  throughout  the  Roman  world 
in  the  year  preceding  the  accession  of  the  Flavian  em- 
perors was  repressed  within  a  year  or  more  after  Vespasian 
ascended  the  throne.  This  spirit  of  unrest  showed  itself 
in  Pontus,  Britain,  Moesia,  and  on  the  banks  of  the  Rhine, 
and  both  native  peoples  and  legionaries  joined  in  several 
of  the  movements.  The  most  serious  of  these  uprisings 
was  that  of  various  German  and  Gallic  tribes  under  Julius 
Civilis,  which  was  also  supported  by  the  Roman  legions  in 
the  vicinity.  It  seems  to  have  been  an  expression  of  the 
nationalist  feeling  (cf  pp.  296-7),  for  the  Remi,  who  were 
concerned  in  the  movement,  tried  to  convoke  a  Gallic 
national  assembly  to  lay  plans  for  the  future  ;  but  at  the 
approach  of  Petilius  Cerialis,  one  of  Vespasian's  lieutenants, 
toward  the  close  of  the  year  70,  the  various  rebellious 
peoples  submitted  one  after  another,  and  the  Roman  troops 
returned  to  their  allegiance.  At  about  the  same  time  the 
war  in  Judaea  was  brought  to  an  end  by  Titus,  and  the  city 
of  Jerusalem  was  taken.  For  years  religious  teachers  had 
been  going  up  and  down  in  the  land  prophesying  the 
approaching  triumph  of  the  Jew  over  the  Gentile,  and  the 
fierce  religious  and  racial  hostility  which  resulted  found 
expression  in  wholesale  massacres  of  Jews  and  their  ene- 
mies in  Judaea  and  outside  of  it.  The  Roman  officials 
were  incapable  of  dealing  with  the  secret  organizations 
which  the  Jews  formed,  and  the  supine  governor  of  Syria, 
Cestius  Gallus,  allowed  matters  to  drift  until  open  war 
broke  out  in  66.  Thereupon  Nero  intrusted  the  conduct 
of  affairs  in  Judaea  to  Vespasian.  For  four  years  more  the 
Jews  held  out  against  the  Roman  legions,  but  in  70  Titus 


314  IMPERIAL    PERIOD:    IIISTORRAL 

took  Jerusalem,  and  Judaea  for  the  second  time  was  made 
a  separate  province.  Perhaps  the  greatest  extension  of 
Roman  territory  was  made  in  Britain,  as  a  resuh  of  the 
successful  campaigns  of  Cerialis,  Frontinus,  and  Agricola. 
At  the  close  of  Nero's  reign,  Roman  authority  was  recog- 
nized as  far  north  as  Lincoln  and  Chester.  Agricola 
pushed  his  conquests  to  a  point  considerably  farther  north 
and  even  carried  on  a  successful  campaign  in  Scotland. 
The  most  serious  danger  from  without,  which  threatened 
the  empire  during  the  Flavian  period,  came  from  the 
Dacians,  who  crossed  over  into  lower  Moesia,  under  their 
leader,  Decebalus,  and  defeated  the  governor,  Oppius  Sabi- 
nus,  as  well  as  the  i)refect  of  the  guard,  Cornelius  Fuscus. 
The  Romans  seem  at  first  to  have  underestimated  the 
fighting  (jualities  of  the  enemy  and  the  size  of  the  coalition 
formed  against  them,  for  they  suffered  repeated  disasters. 
The  result  was  that,  after  the  Dacians  had  been  joined  by 
the  Quadi,  Sarmatians,  Marcomanni,  and  other  peoples  in 
that  region,  Domitian  was  forced  to  make  peace  on  the 
basis  of  certain  annual  gifts  to  the  Dacian  king,  although 
the  latter,  on  his  side,  probably  acknowledged  in  some 
measure  the  suzerainty  of  the  Roman  emperor.  The  revolt 
in  the  year  88  of  L.  Antonius  Saturninus,  the  governor  of 
Upper  Germany,  excited  a  greater  alarm  in  Domitian's 
mind  than  the  more  serious  difficulty  on  the  Danube,  and 
although  it  was  suppressed  within  a  few  months,  it  per- 
manently affected  the  character  of  Domitian's  reign  (cf. 
P-  312). 

371.  General  Changes  in  Provincial  Government.  The 
most  important  changes  made  in  the  di\  ision  of  the  prov- 
inces between  the  emperor  and  the  senate  in  the  Flavian 
period  were  the  assignment  of  Sardinia  and  Corsica  to 
Vespasian,   and   the   union  of  Achaea  and  Epirus,  which 


THE    FLAVIAN    EMPERORS  315 

Nero  had  declared  independent  states,  into  a  senatorial 
province.  Moesia  was  divided  into  two  provinces,  Upper 
and  Lower  Moesia,  by  Domitian.  Galatia  was  added  to 
Cappadocia  by  Vespasian  and  put  under  a  consular  legate. 
But  the  most  noteworthy  administrative  change  in  the  prov- 
inces consisted  in  the  movement  to  introduce  a  uniform  sys- 
tem of  government,  by  the  reduction  of  principalities  and 
suzerain  states  to  the  form  of  provinces.  This  change  was 
made  especially  in  the  Orient,  where  several  principalities, 
like  Commagene  and  Judaea,  were  placed  directly  under 
a  Roman  governor.  Egypt,  however,  still  maintained  its 
anomalous  position  as  the  personal  domain  of  the  emperor. 
It  was  ruled  by  a  prefect  of  equestrian  rank,  and  the  admin- 
istrative system  of  the  Ptolemies  was  still  retained. 

372.  Improvement  in  the  Condition  of  the  Provincials. 
Vespasian's  skill  as  an  organizer,  and  Domitian's  jealous 
supervision  of  provincial  governors,  alike  contributed  to 
the  prosperity  of  the  provinces.  By  the  elevation  of  their 
most  distinguished  citizens  to  the  senatorial  order  (cf. 
pp.  308-9),  and  by  the  grant  of  Latin  rights  to  native 
communities,  they  were  made  to  feel  themselves  integral 
parts  of  the  empire  and  not  dependencies,  and  their  mate- 
rial prosperity  was  promoted  by  the  judicious  construction 
of  public  roads  and  public  works  and  the  improved  man- 
agement of  local  finances.  In  Baetica  alone  120  cities 
received  the  ius  Latii  under  the  Flavian  emperors.  The 
extant  charters  of  Salpensa  and  Malaca,  in  this  province, 
give  us  a  clear  idea  of  the  nature  of  the  government  estab- 
lished in  these  communities.  Paradoxical  as  it  may  seem, 
hand  in  hand  with  this  extension  of  self-government  there 
seems  to  have  developed  a  tendency  on  the  part  of  pro- 
vincial governors  to  concern  themselves  more  and  more 
with  local  affairs  (cf.  p.  301). 


3l6  IMI'KKIAL    PEKIUI):    IIISTUKICJAL 

Sf,li:ctioxs  from  tmk  Sources 

Tacitus,  Hist.  II.  i-io  ;  III-V,  and  Agricola ;  Josephus,  i^e-//. 
lud.  Ill  ff. ;  Uio  Cassius,  LXVI-LXVII  ;  Suetonius,  I'espasianus, 
Titus,  and   Domitiantis. 

Vespasian  proclaimed  emperor  in  the  Orient  (69):  Tac.  Hist.  II. 
8o-8r.  — Battle  of  Cremona  (Oct.  69):  Hist.  III.  22-33.  —  Disorders  in 
Rome  (Dec.  69):  Hist.  III.  69-74.  —  Vespasian  made  emperor  (Dec. 
21,  69)  :  Hist.  IV.  3;  Dio,  LXVI.  i.  — Revolt  under  Civilis  (69-70): 
Hist.  IV.  14-37;  54-79;  V.  14-26.  —  Titus  takes  Jerusalem  (70): 
Jos.  Bell.  lud.  VI.  8.  4-5.  —  Vespasian  enters  Rome  (70) :  Hist.  IV. 
53.  —  Improvements  in  Rome  :    C /.  Z.  V'l.  931  ;   VI.  1238;   \'I.  1257. 

—  Latin  rights  to  Spain  (74):  Plin.  TV.  //.  III.  30.  —  Death  of  Ves- 
pasian and  accession  of  Titus  (79):  Suet.  Vc-sp.  24;  Dio,  LX\'I.  17. 

—  Eruption  of  Vesuvius  (79):  I'lin.  Kp.  \I.  16  and  20;  Dio,  LX\I. 
21-3.  —  Relief  for  Campania:  Dio,  LXVI.  24.  —  Campaigns  in 
Britain:  Tac.  Agr.  —  DQa-fb.  of  Titus:  Suet.  Tit.  11  ;  Dio,  LX\I. 
26. — Charters  of  Salpensa  and  Malaca   (82-4):    C.  I.  L.  II.  1963-4. 

—  Domitian  consul  for  ro  yrs.  (84):  Dio,  LXVII.  4.  —  War  against 
Dacians,  etc. :  Dio,  LXVII.  6,  7,  10.  —  Death  of  Domitian  (96) :  Dio, 
LXVII.  15-17. 

Sklected  Bibliography^ 

J.    Asbach,    Romisclies    Kaisertum   u.  Verfassung   bis    auf  Traian. 

KiUn,   1896. 
Chambalu,  De  magistratibus  Flaviorum.     Bonn,  18S2. 
Chambalu,  Flaviana,  Philol.  XLIV  (1S85),  pp.  106  ff.;    502  ff.,  and 

XLV  (1 886).  pp.  100  ff. 
nirschfeld,  Untersuchungen  auf  dem  Gebiete  der  romischen  \'er- 

waltungsgeschiciite,  Bd.  I.     Berlin,  1876. 
Frz.  I'ichlmayr,  T.  Flavins  Domitianus.     Erlangen,  18S9. 
Gsell,  Essai  sur  le  regne  de  I'empereur  Domitien.     Paris,  1894. 

'  Sec  also  pp.  288,  304. 


CHAPTER   XV 
FROM   NERVA   TO   SEPTIMIUS    SEVERUS 

373.  Nerva.  It  is  not  clear  what  influences  led  to  the 
choice  of  M.  Cocceius  Nerva  as  emperor,  but  he  was  prob- 
ably supported  by  the  conspirators  who  had  overthrown 
Domitian.  His  reign  lasted  only  two  years,  and  there 
were  no  important  constitutional  or  administrative  changes 
in  it.  He  was  able,  however,  to  right  many  of  the  abuses 
which  had  grown  up  under  his  predecessor.  Prosecutions 
for  Vese-majeste  were  forbidden,  and  the  impoverished  con- 
dition of  the  people  in  Italy  was  somewhat  relieved  by 
loaning  money  to  needy  farmers,  at  a  low  rate  of  interest, 
for  the  purchase  of  land. 

374.  Trajan.  On  the  death  of  Nerva  in  January,  98, 
M.  Ulpius  Trajanus,  the  governor  of  Upper  Germany,  whom 
Nerva  had  adopted  the  year  before,  succeeded  to  the  throne 
without  opposition.  Trajan,  like  his  predecessor,  was  punc- 
tilious in  his  treatment  of  the  senate.  He  renounced  the 
right  to  try  senators  on  capital  charges.  He  encouraged 
freedom  of  speech  at  the  meetings  of  the  senate,  and  in 
general  carefully  observed  the  fiction  of  the  dual  control 
of  affairs  by  the  emperor  and  the  senate.  In  fact,  during 
his  prolonged  absences  from  Rome,  the  senate  acquired 
some  importance  as  a  legislative  body  in  administrative 
matters.  In  his  dealings  with  the  magistrates  he  showed  a 
similar  regard  for  republican  traditions  by  accepting  the 
consulship  only  four  times  during  the  nineteen  years  of  his 

317 


3lS  IMPERIAL    PERIOD:    HISTORICAL 

reign,  whereas  Domitian  had  been  consul  ten  times  during 
his  reign  of  fifteen  years.  He  checked  delation,  as  Nerva 
had  done,  and  reformed  the  laws  governing  prosecution  for 
treason.  The  result  of  his  attempts  to  carry  out  Nerva's 
plans  to  imj)rove  the  condition  of  the  farmers,  and  to  in- 
crease the  free  population  of  Italy  and  the  outcome  of  his 
policy,  and  that  of  his  successor,  of  remitting  taxes,  and  of 
encouraging  the  construction  of  public  buildings  in  the  small 
towns,  will  be  considered  in  another  connection. 

375.  Hadrian.  By  far  the  most  important  administrative 
change  which  Hadrian  made  consisted  in  the  introduction 
of  a  bureaucratic  system  into  the  civil  service,  with  its  fixed 
gradation  of  offices  and  corresponding  order  of  promotion. 
The  functions  of  each  official  were  carefully  marked  out, 
and  the  government  took  into  its  own  hands  certain  mat- 
ters, like  the  collection  of  taxes,  which  before  had  been 
wholly  or  in  part  managed  under  private  contract.  Hadrian 
made  some  important  changes  in  the  judicial  system  also. 
He  chose  eminent  jurists  as  members  of  his  consilium,  made 
it  a  permanent  body,  and  increased  its  judicial  functions. 
He  took  away  from  the  republican  magistrates  the  jurisdic- 
tion in  civil  cases  which  they  had  exercised  throughout 
Italy  and  gave  it  to  four  imperial  officials,  later  known  as 
iuridici.  In  this  connection  may  be  mentioned  the  codifi- 
cation in  a  single  edict  by  the  jurist  Salvius  Julianus  of  the 
principles  and  forms  published  by  praetors  and  curule 
aediles,  in  so  far  as  such  principles  were  still  in  force.  The 
provinces  received  as  careful  attention  from  him  as  Italy 
did,  and  his  long  journeys,  covering  ten  years  of  his  reign, 
into  all  parts  of  the  empire  made  him  familiar  with  their 
condition  and  their  needs.  Having  no  children,  he  adopted 
in  136  L.  Ceionius  Commodus  Verus,  giving  him  the  title 
of  L.  Aelius  Verus.     In  138,  on  the  death  of  Aelius,  Hadrian 


NERVA    TO   SEPTIMIUS    SEVERUS  319 

named  as  his  successor  T.  Aurelius  Fulvus  Boionius  Arrius 
Antoninus,  who  was  known  after  his  adoption  as  T.  Aelius 
Hadrianus  Antoninus.     Hadrian  died  the  same  year. 

376.  Antoninus  Pius.  Antoninus,  or  Antoninus  Pius, 
as  he  is  commonly  called,  does  not  seem  to  have  lacked 
strength  of  character.  The  energy  with  which  he  checked 
the  plans  of  the  senate  to  pass  certain  measures  reflecting 
on  the  reign  of  his  adoptive  father  would  disprove  such  a 
theory.  But  he  lacked  the  restless  spirit  of  his  predeces- 
sor, his  breadth  of  view,  and  his  power  of  initiative.  He 
had  no  ambition  to  extend  the  limits  of  the  empire,  nor  to 
introduce  important  administrative  reforms.  To  insure  the 
succession  he  had  been  required  to  adopt  M.  Annius  Verus, 
known  later  as  M.  Aurelius  Antoninus,  and  also  the  son  of 
L.  Aelius  Verus,  who  was  given  the  title  of  L.  Aelius  Aurelius 
Commodus.  It  does  not  seem  to  have  been  the  purpose 
of  Hadrian  to  grant  equal  powers  to  the  two  heirs  of  Anto- 
ninus, but  rather  to  insure  a  peaceful  succession  in  case 
M.  Aurelius  should  die.  At  all  events,  Antoninus  Pius 
chose  the  latter  as  his  associate  in  the  government,  and, 
just  before  his  death  in  161,  plainly  indicated  him  as  his 
successor. 

377.  M.  Aurelius.  But,  immediately  after  his  acces- 
sion to  the  throne,  M.  Aurelius  raised  L.  Aelius  to  a 
position  of  like  power  with  himself,  and  the  equal  authority 
of  the  latter  was  recognized  up  to  the  death  of  Aelius  in 
169.  Seven  years  later  M.  Aurehus  made  his  own  son, 
L.  Aurelius  Commodus,  his  colleague,  and  father  and  son 
held  the  imperial  authority  together  until  M.  Aurelius  died, 
in  180.  This  interesting  reversion  to  the  republican  prin- 
ciple of  collegiality  had  its  administrative  advantages.  The 
Roman  empire  extended  over  so  wide  an  area  that  a  divi- 
sion of  the  territory  between  two  rulers,  acting  in  harmony, 


320  IMI'KRIAI,    PERIOD:    HISTORICAL 

would  be  to  the  advantage  of  both  sections,  and  this  was 
what  the  joint  rule  of  M.  Aurelius  and  L.  Aelius  amounted 
to.  The  supervision  of  M.  Aurelius  was  largely  confined  to 
the  West,  that  of  his  brother  to  the  East.  One  may  well 
question  whether  such  an  exercise  of  autocratic  power  by  two 
emperojs  would  be  workable  in  ordinary  cases,  but  in  the 
two  cases  mentioned  the  family  relations  existing  between 
the  joint  rulers  made  rivalry  improbable  and  prevented  a 
serious  conflict  of  authority.  The  amiable  disposition  and 
the  philosophic  tastes  of  M.  Aurelius  had  a  good  and  a  bad 
influence  on  the  character  of  his  reign.  On  the  one  hand, 
they  made  him  strive  to  ameliorate  the  condition  of  the 
slaves,  to  interpret  the  law  in  accordance  with  its  spirit 
rather  than  its  letter,  and  to  treat  the  senate  with  consid- 
eration. On  the  other  hand,  he  showed  an  unwise  gen- 
erosity in  giving  largesses,  in  increasing  the  number  of 
those  who  received  help  from  the  state,  and  in  remitting 
taxes.  His  peaceful  tastes  also  prevented  him  from  giving 
necessary  attention  to  the  needs  of  the  army  and  to  the 
loyalty  of  his  generals.  The  unwisdom  of  this  neglect  was 
made  clear  before  his  death  by  the  uprising  under  Avidius 
Cassius,  the  governor  of  Syria. 

378.  Commodus.  Commodus  revived  the  evil  memo- 
ries of  the  later  Julian  emperors.  During  the  greater  part 
of  his  reign,  which  extended  from  180  to  192,  he  was  under 
the  influence  of  favorites.  The  prefect  Perennis  held  the 
reins  of  government  from  180  to  185,  and  the  freedman 
Oleander  from  the  downfall  of  Perennis  to  189.  The 
overthrow  of  Perennis  was  due  to  the  discontent  which  was 
excited  in  the  army  by  his  attempt  to  substitute  knights 
for  senators  in  important  military  commands.  Oleander 
owed  his  downfall  to  his  general  unpopularity  and  to 
the  machinations  of  his  political  enemies.     Perennis  had 


NERVA   TO    SEPTIMIUS   SEVERUS  32 1 

executive  ability  and  was  in  the  main  patriotic,  but  the  loose 
delegation  of  almost  autocratic  power  to  a  single  individual, 
whose  position  was  determined  neither  by  law  nor  by  tradi- 
tion, and  the  encroachment  of  court  favorites  on  the  func- 
tions which  belonged  to  estabhshed  officials,  could  not  fail 
to  result  in  disorder  and  maladministration  and  to  under- 
mine the  official  system  which  Hadrian  and  his  successors 
had  so  carefully  elaborated.  In  the  end  Commodus,  who 
had  given  himself  up  completely  to  the  pursuit  of  pleasure, 
fell  by  the  hands  of  the  court  favorites,  to  whom  he  had 
intrusted  the  government. 

379.  Pertinax  and  Didius  Julianus.  P.  Helvius  Perti- 
nax,  whom  the  conspirators  placed  on  the  throne,  was  like 
Vespasian  a  man  of  humble  birth,  and  had  Vespasian's 
shrewd  knowledge  of  affairs  and  his  ability  as  an  organizer. 
Although  he  was  emperor  for  only  three  months,  his  success 
in  reforming  the  finances  was  remarkable,  but  his  economi- 
cal and  upright  m:iiiagement  of  affairs  displeased  the  court 
officials  and  the  soldiers  in  the  city,  who  had  been  accus- 
tomed to  the  gratuities  of  Commodus,  and  he  was  murdered. 
A  senator  named  Didius  Julianus,  who  surpassed  all  other 
aspirants  for  the  throne  in  his  promises  to  the  praetorian 
guard,  was  invested  with  the  purple.  But  the  break  in  the 
succession,  and  the  unpopularity  of  Didius  Julianus  in 
Rome,  encouraged  L.  Septimius  Severus  in  Pannonia,  Pes- 
cennius  Niger  in  Syria,  and  Clodius  Albinus  in  Britain,  to 
lay  claim  to  the  throne.  Septimius  Severus  was  nearer  Italy 
than  his  rivals,  and,  without  meeting  serious  resistance,  made 
himself  master  of  the  peninsula  and  of  Rome.  The  fright- 
ened senate  condemned  JuHanus  to  death,  and  Septimius 
Severus  was  proclaimed  emperor  in  the  summer  of  193. 

380.  The  Senate  during  the  Second  Century.  The  con- 
stitutional relations  which  the  senate  bore  to  the  emperor 


322  IMPERIAL   PERIOD:    HISTORICAL 

at  the  beginning  of  this  period  when  Nen'a  ascended  the 
throne  were  unchanged  at  the  accession  of  Septimius 
Severus.  All  of  the  emperors  of  the  second  century,  with 
the  possible  exception  of  Commodus,  treated  the  senate, 
however,  with  consideration.  They  encouraged  also  the 
free  discussion  of  matters  brought  before  it,  so  that  the 
senate  practically  reverted  to  the  position  which  it  had 
held  under  the  monarchy  and  the  early  republic,  and 
became  the  consilhwi  of  the  chief-magistrate.  Its  failure 
to  assert  its  independence  seems  to  have  been  due  in  part 
to  the  fact  that  it  was  overawed  by  the  comprehensive 
powers  of  the  emperor,  and  in  part  to  the  bitter  experiences 
which  many  of  its  members  had  suffered  under  some  of  the 
earlier  emperors,  —  experiences  which  made  individual 
senators  more  anxious  to  protect  their  lives  and  their  per- 
sonal privileges  than  to  uphold  the  traditional  powers  of 
the  senate  as  an  independent  branch  of  the  government. 
The  passage  of  the  formal  act  creating  a  new  emperor  was 
still  the  prerogative  of  the  senate,  but  there  is  no  case 
during  this  period  in  which  the  selection  of  the  emperor 
was  left  to  its  free  choice. 

381.  The  Equestrian  Order.  The  members  of  the  eques- 
trian order  gained  greatly  by  Hadrian's  reorganization  of 
the  civil  service,  since  many  of  the  important  positions 
closely  connected  with  the  emperor's  person  were  put  into 
their  hands.  Hadrian  also  freely  made  knights  members 
of  his  cojisilium,  and  Perennis,  the  fa\orite  of  Commodus, 
even  tried  the  unsuccessful  experiment  of  giving  them 
important  military  commands.  The  senatorial  order  was 
deeply  offended  at  these  encroachments  on  its  preroga- 
tives. It  is  important  to  notice  that  all  of  these  changes 
indicate  the  drift  toward  a  le\cling  of  the  classes  and 
foreshadow  the  coming  absolutism. 


NERVA   TO    SEPTIMIUS    SEVERUS  323 

382.  The  People.  The  people  counted  for  little  polit- 
ically during  this  period,  except  so  far  as  the  popular 
dislike  of  an  emperor  might  encourage  some  rival  to  at- 
tempt his  overthrow,  as  happened  in  the  case  of  Didius 
Julianus.  The  interest  of  the  Italians  in  municipal  poli- 
tics was  also  dying  out,  and  it  was  difficult  to  find  candi- 
dates for  the  municipal  offices.  This  state  of  things  was 
partly  due  to  the  heavy  financial  burdens  imposed  on 
municipal  magistrates  and  partly  to  the  encroachment  of 
imperial  officials  on  the  traditional  functions  of  the  local 
magistrates.  Furthermore,  the  people  of  Italy  were  so  dis- 
inclined to  military  service  that  little  attempt  was  made  to 
recruit  the  army  from  this  quarter.  As  a  consequence,  the 
great  mass  of  the  Italians  had  no  share  whatever  in  civil 
or  military  affairs.  They  became  incapable  of  governing 
or  of  defending  themselves,  and  their  horizon  was  limited 
by  their  own  personal  interests.  This  period  is  character- 
ized, however,  by  an  improvement  in  the  condition  of 
freedmen,  slaves,  orphans,  and  the  aged  poor.  Freedmen 
were  given  a  much  larger  share  in  municipal  life,  and  the 
position  of  slaves  before  the  law  was  greatly  ameliorated. 
Slaves,  for  instance,  could  no  longer  be  put  to  death  with- 
out due  process  of  law,  nor  could  they  be  sold  to  a  gladia- 
torial trainer  or  a  procurer  at  the  pleasure  of  their  owners. 
These  changes  were  largely  due  to  the  spread  of  the  doc- 
trine of  the  brotherhood  of  man,  or  to  the  recognition  of 
the  ius  7iahirale,  as  the  Roman  jurist  styled  it.  The  tend- 
ency toward  a  leveling  of  all  classes,  which  was  a  social 
and  political  result  of  the  exalted  position  of  the  emperor, 
also  had  something  to  do  with  the  movement.  The  sup- 
port which  the  government  gave  to  orphans  and  to  needy 
parents  was  inspired,  partly  by  humane  considerations,  and 
partly  by  a  desire  to  keep  up  the  population  of  Italy.     At 


324  IMI'KKIAI.    I'EKIOl):    HISTORICAL 

all  events,  the  alimcntatio  became  an  important  function  of 
the  government  from  the  time  of  Trajan. 

383.  The  Provinces.  The  military  operations  of  the 
period  under  consideration  fall  mainly  in  the  reigns  of 
Trajan  and  M.  Aurelius.  The  former  was  a  soldier  by 
nature.  The  latter  had  war  forced  on  him.  The  most 
important  accession  of  territory  during  the  period  was 
that  of  Dacia.  The  Romans  must  have  chafed  under  the 
humiliating  peace  which  Domitian  had  made  with  the 
Dacians  (cf.  p.  314),  and  the  existence  of  a  strong  power 
across  the  Danube  under  an  able  leader  like  Decebalus 
certainly  threatened  Roman  territory  to  the  south.  The 
raids  of  the  Dacians  gave  Trajan  a  reasonable  pretext  for 
declaring  war  against  them  in  the  year  loi.  After  two 
campaigns  the  country  was  subdued,  and  in  107  it  was 
reduced  to  the  form  of  a  province.  Colonies  were  planted 
in  the  new  territory,  the  frontier  along  the  Danube  was 
strengthened,  military  roads  were  built,  and  Pannonia  jjnd 
Moesia  were  provided  with  numerous  camps  and  walled 
towns.  This  whole  section  was  so  well  protected  that  for 
sixty  years  perfect  quiet  prevailed  there.  But  in  the  reign 
of  M.  Aurelius,  the  Marcomanni,  Quadi,  and  other  tribes 
to  the  north,  ])ushcd  southward  by  the  pressure  of  the 
peoples  beyond  them,  crossed  the  Danube,  and  even 
entered  Italy,  carrying  back  with  them  on  their  return  thou- 
sands of  captives.  This  incursion  came  at  a  most  inoji- 
portune  moment  for  the  Romans.  The  empire  was  in 
great  financial  straits ;  a  plague  had  made  a  serious  reduc- 
tion in  the  population,  and  many  of  the  troops  were 
engaged  in  the  Parthian  war.  M.  Aurelius  and  his  col- 
league, L.  \'enis,  took  charge  in  person  of  the  military 
operations,  but  it  required  thirteen  years  to  restore  perfect 
order  on  the  Danube. 


NERVA   TO    SEPTIMIUS    SEVERUS  325 

In  the  East  the  only  permanent  acquisition  of  this  period 
was  Arabia,  which  was  made  a  province  in  106.  Of  the 
two  provinces  which  Trajan  acquired  in  his  briUiant  cam- 
paign against  the  Parthians  in  114-5,  Mesopotamia  was 
given  up  by  Hadrian,  and  Armenia  was  allowed  to  become 
a  suzerain  state. 

In  no  period  of  imperial  history  did  Roman  civiliza- 
tion spread  so  rapidly  and  take  such  deep  root  as  in 
the  second  century.  The  rapidity  with  which  Dacia,  for 
instance,  adopted  Roman  ideas  is  almost  incredible.  Much 
of  this  improvement  was  due  to  the  knowledge  and  admin- 
istrative skill  which  Hadrian  applied  to  provincial  questions. 
The  great  civilizing  agencies  which  he  used  with  such  effect 
were  roads,  colonies,  public  buildings,  and  the  concession 
of  Roman  or  Latin  rights.  In  fact,  the  whole  tendency 
of  the  period  was  to  place  the  provinces  on  the  same  plane 
as  Italy. 

384.  Signs  of  Weakness  in  the  Empire.  Signs  of 
weakness,  however,  were  visible  in  the  empire,  especially 
in  Italy.  Some  of  them  have  already  been  noticed.  The 
loss  of  political  interest  and  the  disappearance  of  civic  life 
in  the  peninsula,  and  the  unwillingness  of  the  Italians  to 
serve  in  the  army  are  symptoms  of  decline.  An  equally 
serious  matter  was  the  wretched  financial  condition  of 
Italy  during  a  great  part  of  the  period.  Both  Hadrian 
and  M.  Aurelius,  when  they  ascended  the  throne,  found 
it  necessary  to  cancel  large  sums  which  were  due  the 
state  in  the  form  of  taxes.  In  Hadrian's  case  the  taxes 
which  were  remitted  amounted  to  the  enormous  sum  of 
900,000,000  sesterces.  The  large  amounts  which  were 
spent  by  Trajan  and  his  successors  in  helping  the  needy 
also  offer  a  striking  proof  of  the  widespread  poverty.  An 
explanation  of  the   impoverished   state  of  the  people  may 


326  IMPERIAL    PERIOD:    HISTORICAL 

be  found  in  a  variety  of  reasons.  Perhaps  a  faulty 
system  of  taxation  and  an  unfortunate  industrial  organ- 
ization are  partly  responsible  for  it,  but  the  real  diffi- 
culty undoubtedly  lay  in  the  lack  of  energy  and  the 
incapacity  of  the  people  themselves,  and  in  their  tendency 
during  times  of  prosperity  to  assume  financial  responsi- 
bilities which  they  could  not  maintain  when  unexpected 
demands  were  made  on  their  resources.  The  first  factor 
we  have  already  had  occasion  to  notice.  The  emperor 
Hadrian  was  largely  responsible  for  the  second  evil.  Under 
his  encouragement,  and  following  his  example,  the  small 
towns  all  through  Italy  and  the  provinces  during  the 
period  of  peace,  which  lasted  through  his  reign  and  that 
of  his  successor,  erected  costly  baths,  theatres,  and  other 
public  buildings  and  works,  whose  construction  exhausted 
their  resources  at  the  time,  and  whose  maintenance  became 
an  intolerable  burden,  when  supplemented  by  the  financial 
demands  made  by  the  wars  of  the  next  two  reigns.  A 
clear  indication  of  the  way  in  which  things  were  going 
is  furnished  by  the  debasement  of  the  coinage  under 
M.  Aurelius.  Thus,  at  the  moment  when  Rome  needed 
all  of  her  resources  to  stem  the  tide  of  invasion,  the  state 
was  almost  bankrupt.  The  condition  of  affairs  outside  the 
empire  also  grew  more  and  more  threatening  as  the  period 
drew  to  a  close.  The  peoples  from  the  north  were  press- 
ing down  toward  Italy,  and  the  pressure  was  so  strong 
that  many  barbarian  communities  were  allowed  to  settle  in 
Roman  territory,  even  in  the  peninsula  itself.  Yet  the 
Roman  army  was  not  in  a  good  condition  to  withstand  this 
pressure,  because  Antoninus  Pius  and  M.  Aurelius,  during 
the  early  part  of  his  reign  at  least,  gave  little  attention  to 
its  needs,  and  the  questionable  policy  was  adopted  of  filling 
its  ranks  with  the  newly  c-on(iuercd  barbarians. 


NERVA    TO    SEPTIMIUS    SEVERUS  327 

385.  The  Drift  toward  Monarchy.  The  formal  courtesy 
with  which  almost  all  the  emperors  of  this  period  treated 
the  senate  tends  to  conceal  the  fact  that  the  theory  of  the 
joint  control  of  the  state  had  almost  entirely  lost  its  mean- 
ing. The  contempt  which  Commodus  showed  for  the  sen- 
ate, however,  brought  out  clearly  the  true  state  of  affairs. 
It  showed  plainly  that  the  independent  cooperation  of  the 
senate  with  the  emperor  was  a  fiction,  which  could  take  on 
the  semblance  of  reality  only  under  emperors  like  Anto- 
ninus Pius  or  M.  Aurelius.  The  whole  drift  of  the  period 
was  toward  the  elimination  of  the  senate  from  the  control 
of  affairs.  Neither  in  the  choice  of  an  emperor,  nor  in  the 
management  of  affairs  after  he  had  ascended  the  throne, 
could  it  play  an  effective  part.  The  theory  of  the  suc- 
cession rested  on  two  irreconcilable  things  —  heredity,  or 
adoption,  and  the  free  choice  of  the  senate.  These  two 
methods  of  selecting  an  emperor  could  not  be  followed  at 
the  same  time.  As  a  consequence,  the  weaker  power,  the 
senate,  yielded,  and  accepted  the  candidate  thrust  on  it. 
As  for  the  control  of  the  state  during  the  reign  of  an 
emperor,  Hadrian's  bureaucratic  system  made  such  thor- 
ough and  systematic  provision  for  the  administration  of 
affairs  that  little  or  no  place  was  left  for  the  senate  or  for 
the  old  republican  magistracies. 

Selections  from  the  Sources 

Scriptores  Historiae  Augustae;  Marius  Maximus ;  Eutropius; 
Orosius;   Herodianus;  Sextus  Aurelius  Victor. 

Reforms  of  Nerva  :  Dio,  LX VIII.  2.  —  Indigent  children  succored : 
Aur.  Victor,  Ep.  12;  Plin.  Panegyr.  28.  —  Election  of  magistrates 
in  senate  made  secret  (100):  Plin.  Ep.  III.  20. — The  capital  of 
Dacia  taken  by  Trajan  (102):  Dio,  LXVIII.  9.  —  Second  Dacian 
campaign  (105-7):    Dio,  LXVIII.  10  ff.  —  Parthian  war  (114-117): 


328  IMI'KKIAL    rKRlol):    HISTORICAL 

Dio,  LXVIII.  17-33;  Kutr.  VIII.  3.  —  Accession  of  Hadrian:  Dio, 
LXIX.  I;  Kiitr.  VIII.  6;  Ael.  Spart.  vita  Iladr.  4.  —  Territorial 
acquisitions  of  Trajan  given  up:  Eiitr.  VIII.  6;  vita  Ha  Jr.  t; ;  Tac. 
Ann.  II.  61.  —  Hadrian's  travels:  z'ita  Hadr.  11-14;  I''"-  I-XIX. 
9-1 1.  —  His  severity:  vita  Ihuir.  22-3.  —  Antoninus  Pius  adopted: 
lul.  Capit.  vita  PH.,  4.  —  Antoninus  adopts  M.  Aurelius  and 
L.  Verus  :  ibid.  4.  —  Faustina  called  Augusta:  ibid.  5. — Parthian 
war  (162-6):  lul.  Capit.  W-rus  Imp.  7.  —  War  against  Marcomanni, 
etc.  (167-1S0):  Dio,  LXXI.  3;  ibid.  7-21;  lul.  Capit.  Aut.  Phil. 
12-17;  -1-7-  —  Reign  of  Commodus  :  Dio,  LXXII;  Herod.  I ;  l>atn- 
prid.  z'/Vrt  Comm. — Pertinax  :  Dio,  LXXIII.  i-io;  Herod.  II.  1-5; 
lul.  Capit.  vita  Pert. — Didius  Julianus :  Dio,  LXXIII.  11-17; 
Herod.  II.  6-12;  Ael.  Spart.  vita  Jul. — Septimius  Severus  :  Dio, 
LXXIV-LXXVI;  Herod.  II.  13-III;   Ael.  Spart.  vita  Sev. 

Selected  Bibliography  ' 

M.  Pelisson,  Rome  sous  Trajan.     Paris,  1886. 

De  la  Berge,  Essai  sur  le  regne  de  Trajan.     Paris,  1877. 

H.  F.  Ilitzig,  Die  Stellung  Kaiser  Hadrians  in  der  romischen 
Rechtsgeschichte.     Ziirich,   1892. 

Ferd.  V.  Gregorovius,  Der  Kaiser  Hadrian.    310  Aufl.    Stuttgart,  1SS4. 

Julius  Diirr,  Die  Reisen  des  Kaisers  Hadrian.     Wien,  18S1. 

Biidinger,  Untersuchungen  zur  romischen  Kaisergeschichte.  Leip- 
zig, 1 868. 

E.  C.  Bryant,  The  Reign  of  Antoninus  Pius.  (Cambridge  Historical 
Essays,  VIII.) 

G.  Lacour-Gayet,  Antonin  le  Pieux  et  son  temps  (Diss.).    Paris,  18S8. 

VV.  W.  Capes,  The  Age  of  the  Antonines.     London,  1876. 

G.  Hassebrauk,  Kaiser  Septimius  Severus.     Holzminden,  1890-91. 

A.  Wirth,  Quaestiones  Severianae.     Leipzig,  1SS8. 

A.  v.  Brinz,  Alimentenstiftungen  der  rom.  Kaiser  (Sitzungsber. 
d.  k.  bayr.  Akad.  d.  Wiss.,  1887,  Hist.  Klasse,  pp.  209  ff.). 

*  See  also  pp.  288  and  304. 


CHAPTER   XVI 

THE   EMPIRE   OF   THE   THIRD   CENTURY   AND   THE 
REFORMS   OF  DIOCLETIAN 

386.  The  Third  Century.  During  the  century  which 
elapsed  between  the  accession  of  Septimius  Severus  and 
the  transformation  of  the  government  into  a  monarchy  by 
Diocletian,  there  was  no  continuous  forward  movement  in 
constitutional  development,  and  no  new  political  institu- 
tions of  great  importance  were  created,  so  that  the  con- 
dition of  the  empire  may  be  described  very  briefly. 

387.  The  Emperor  and  the  Senate.  The  history  of  the 
period  brings  out  clearly  the  fact  that  the  position  of  the 
senate  was  what  the  emperor  chose  to  make  it.  It  is  true 
that,  during  the  reigns  of  Severus  Alexander,  Pupienus  and 
Balbinus,  Tacitus,  and  Probus,  the  prestige  of  the  senate 
recalled  the  palmy  days  of  that  body  under  the  republic, 
and  at  times  during  these  periods  it  showed  some  of  its 
former  dignity  and  administrative  capacity.  The  motives 
which  led  these  emperors  to  grant  to  it  some  of  its  tradi- 
tional powers  were  various.  Thus,  for  instance,  it  was 
apparently  the  conservative  policy  of  his  mother,  Julia 
Mamaea,  and  of  Ulpian,  his  chief  adviser,  strengthened 
by  a  feeling  that  the  influence  of  the  senate  might  be  used 
to  offset  that  of  the  praetorian  guard,  which  led  Severus 
Alexander  to  delegate  real  power  to  that  body.  Pupienus 
and  Balbinus  and  Tacitus  were  ex-consuls,  who  represented 
the  free  choice  of  the  senate,  and  the  consideration  which 
they   showed   for  that   body  was  a   natural  result  of  the 

329 


330  IMPEKIAJ.    rKKlUD:    HISTORICAL 

gratitude  which  they  felt  for  their  advancement.  The  case 
of  Probus  is  different  still.  Under  no  emi)eror  of  the  third 
century  did  the  senate  exercise  so  much  real  power  as  it 
did  under  him.  The  administration  of  civil  affairs  was 
left  almost  entirely  to  it.  This  arrangement,  however, 
was  not  due  to  his  resjject  for  republican  or  Augustan 
tradition,  but  rather  to  the  fact  that  he  was  a  soldier,  and 
was  engaged  in  campaigns  against  the  barbarians  during 
his  entire  reign,  and  had  no  time  to  give  to  civil  affairs. 
These  apparent  excej^tions,  therefore,  merely  confirm  the 
truth  of  the  statement  that,  during  the  third  century, 
the  emjieror  was  master  of  the  Roman  world,  and  that  the 
senate  exercised  only  such  powers  as  he  chose  to  delegate  to 
it.  This  fact  comes  out  clearly  enough,  if  we  examine  the 
])olicy  of  the  better  emperors,  like  Septimius  Sevenis  or 
Aurelian,  or  of  the  worse  ones,  like  Caracalla  and  Gallienus, 
under  all  of  whom  the  senate  failed  to  secure  any  recogni- 
tion of  its  authority. 

388.  The  Army  as  a  Political  Factor.  The  real  powers 
which  made  and  unmade  most  of  the  emperors  of  this 
period,  and  largely  influenced  their  policy,  were  the  army 
and  the  praetorian  guard,  so  that  the  condition  of  things 
during  the  three  months'  reign  of  Didius  Julianus,  when, 
besides  the  recognized  emperor  at  Rome,  there  were 
claimants  to  the  throne  in  Pannonia,  Britain,  and  Syria,  is 
a  fair  illustration  of  the  course  of  events  from  the  death  of 
Septimius  Severus  in  211  to  the  accession  of  Diocletian 
in  284.  During  this  period  of  seventy-three  years  there 
were  twenty-three  different  emperors,  almost  all  of  whom 
owed  their  elevation  to  the  throne  to  the  force  of  arms, 
and  kept  their  position  only  so  long  as  they  kept  the  favor 
of  their  amied  supporters,  or  prevented  some  military  rival 
from  acquiring  too  much  power. 


THE   THIRD    CENTURY  33  I 

389.  Administrative  and  Constitutional  Changes.  Per- 
haps the  most  important  administrative  or  constitutional 
changes  of  the  third  century  were  the  transformation 
which  the  functions  of  the  prefect  of  the  praetorian  guard 
underwent,  the  development  of  the  consilium,  and  the 
separation  of  the  civil  and  military  administrations.  The 
judicial  cofisilium,  which  had  been  organized  on  a  perma- 
nent basis  by  Hadrian  (p.  318),  became  the  most  im- 
portant civil  and  criminal  court  of  the  period.  The 
emperor  presided  in  person  and  associated  with  him  his 
most  eminent  jurists.  The  members  of  this  court  even 
accompanied  him  when  he  left  the  city.  The  most  influ- 
ential member  of  it  was  the  praefecins  praetorio.  The  fact 
that  the  prefect  of  the  praetorian  guard  held  this  impor- 
tant judicial  position  is  indicative  of  a  great  change  in  his 
functions.  Under  the  early  empire  the  office  was  a  purely 
military  position.  Even  in  the  first  century,  however,  as  we 
noticed  in  the  case  of  Burrus,  the  influence  of  this  prefect, 
as  commander  of  the  strongest  military  force  in  the  city,  led 
the  emperor  to  consult  him  in  judicial  and  administrative 
affairs.  It  was  natural  for  Hadrian,  therefore,  in  organizing 
his  consilium,  to  give  the  foremost  position  in  it  to  the 
prefect,  and  for  Severus  Alexander  to  make  the  same 
official  his  minister  also.  Henceforth  military  experience 
was  not  so  important  a  prerequisite  for  the  prefect  of  the 
guard  as  administrative  ability  and  knowledge  of  the  law. 
The  mihtary  duties  of  the  position  were  largely  delegated 
to  subordinate  officials.  This  change  is  in  harmony  with 
the  tendency,  which  is  noticeable  under  Severus  Alexander 
and  Gallienus  especially,  to  separate  the  civil  and  military 
administrations  in  the  provinces  where  large  armies  were 
required.  The  last-mentioned  change  is  an  anticipation 
of  one  of  the  reforms  of  Diocletian. 


332  I.MI'KKIAL    PERIOD:    HISTORICAL 

390.  The  Incursions  of  the  Barbarians  during  the  Reign 
of  Gallienus.  During  the  century  which  we  are  consider- 
ing, the  provinces  were  thrown  into  confusion  by  the 
incursions  of  the  barbarians,  and  by  the  appearance  of 
usurpers,  who  maintained  for  a  longer  or  shorter  time  their 
sovereignty  over  one  part  or  another  of  the  empire.  It 
is  unnecessary  for  our  purpose  to  follow  the  fortunes  of 
these  tyrants,  or  even  of  the  em])erors  at  Rome,  through 
the  century.  The  reign  of  Ciallienus  from  260  to  268 
is  in  some  respects  typical,  and  a  sketch  of  it  will  give 
one  a  clear,  though  })erha])s  an  exaggerated,  picture  of 
the  state  of  affairs  during  the  entire  period  which  is  under 
consideration. 

In  these  eight  years  no  part  of  the  Roman  world,  with  the 
possible  exception  of  Africa  and  the  islands,  escaped  the  dev- 
astating raids  of  the  barbarians.  In  the  East  the  Persians 
had  made  a  prisoner  of  Valerian,  the  fether  of  (iallienus,  and 
his  former  colleague,  and  had  overrun  the  ])rovince  of  Syria. 
On  the  Danube  the  Goths  entered  Roman  territory  from 
the  north  by  land,  and  sui)plemented  their  land  campaign 
by  an  attack  from  the  sea  on  the  east,  ultimately  pushing 
down  as  far  as  Achaea,  and  jjlundered  Corinth  and  Athens. 
In  the  North  the  Alemanni  broke  through  the  barriers 
along  the  Rhine,  and  penetrated  as  far  as  Ravenna  with- 
out meeting  serious  o])position.  The  Franks  entered  Oaul, 
pressed  down  into  Spain,  and  even  made  their  way  across 
the  Mediterranean  to  Africa.  These  incursions  were  essen- 
tially marauding  expeditions,  and  when  the  lust  for  booty 
had  been  satisfied,  the  barbarians  usually  withdrew  as 
speedily  as  they  had  come.  No  serious  loss  of  territory, 
therefore,  resulted  from  them,  but  cities  were  destroyed, 
the  country  was  laid  waste,  and  commerce  in  many  cases 
was   ruined.     The   result   was    that    the    resources    of  the 


THE   THIRD   CENTURY  333 

people,  already  scarcely  sufficient  to  support  the  burden 
of  taxation  laid   upon   them,  were   still  further  impaired. 

391.  Usurpers  during  the  Reign  of  Gallienus.  The 
appearance  of  usurpers  both  in  the  East  and  the  West 
during  the  reign  of  Gallienus,  and  the  recognition  of  then- 
authority  for  a  term  of  years  over  a  well-defined  territory, 
seemed  to  portend  the  speedy  dismemberment  of  the 
empire.  These  nationalist  movements,  if  we  may  so  term 
them,  were  a  very  natural  result  of  the  existing  situation. 
In  their  origin  and  character  they  were  not  unlike  the  suc- 
cessful attempt  which  Sertorius  made  in  the  first  century 
B.C.  to  set  up  an  independent  government  in  Spain.  The 
interests  of  the  people  within  a  given  province  or  group 
of  provinces  were  the  same ;  their  foes  were  the  same, 
viz.,  the  barbarians  along  their  frontiers,  and,  since  the 
central  government  could  not  ])rotect  them  effectually, 
they  felt  it  necessary  to  organize  for  their  own  defense. 
The  provincials  and  soldiers,  too,  looked  to  the  governors 
of  the  respective  provinces  for  leadership.  The  sense  of 
loyalty  toward  the  emperor,  far  off  in  Rome,  was  seriously 
impaired.  It  was  a  very  easy  thing,  therefore,  for  ambi- 
tious generals  to  usurp  powers  and  titles  which  did  not 
legitimately  belong  to  them. 

The  most  notable  cases  of  the  sort  are  those  of  Postumus 
in  Gaul  and  Odaenathus  in  Palmyra.  Postumus,  after  driv- 
ing back  the  Franks,  was  saluted  as  emperor  by  his  troops ; 
but  instead  of  marching  against  Rome,  as  other  aspirants 
for  imperial  honors  had  done,  he  set  up  an  independent 
government  in  Craul,  established  a  court,  appointed  his  own 
generals,  and  took  the  titles  of  consul  and  pontifex  niaxi- 
mus,  Hke  the  emperors  at  Rome.  He  maintained  his 
position  from  258  to  268,  and  Tetricus,  the  governor  of 
Aquitania,   who   succeeded    him    after  a  brief  interval  of 


334  IMPERIAL    PERIOD:    HISTORICAL 

confusion,  seems  to  have  added  Spain  to  his  empire.  The 
\igoroiis  measures  of  Aurelian,  however,  and  the  mutinous 
conduct  of  his  own  troops,  forced  him  to  resign  his  authority 
to  the  central  government  in  the  year  273. 

Postumus  and  Tetricus  were  never  formally  recognized 
.  by  Gallienus,  but  this  cannot  be  said  of  Odaenathus  in  the 
East.  The  entire  charge  of  Asia,  with  the  power  to  appoint 
governors  and  generals,  was  given  to  him,  and  the  titles  of 
king  and  queen  of  Palmyra,  which  he  and  his  widow 
Zenobia  respectively  took,  do  not  seem  to  have  been  dis- 
puted in  Rome.  Odaenathus  had  recognized  the  authority 
of  Gallienus,  but  Zenobia  threw  off  Roman  authority  and 
invaded  and  subdued  Egypt  in  269.  She  took  the  title  of 
Augusta,  and  her  son  that  of  Augustus.  Her  triumph,  how- 
ever, was  of  short  duration.  Her  troops  were  driven  out  of 
Egypt  by  Probus,  the  future  emperor,  in  271,  and  the  city 
of  Palmyra  was  taken  in  the  following  year. 

392.  The  Restoration  of  Order.  The  weakness  of  the 
central  government  and  the  state  of  confusion  in  the 
empire  were  at  their  worst  during  the  reign  of  Gallienus. 
With  the  accession  of  Claudius  in  268  an  improvement  set 
in.  Although  the  raids  of  the  barbarians  continued  inter- 
mittently for  many  years,  they  were  more  quickly  checked 
than  they  had  been  before,  so  that  when  Diocletian  ascended 
the  throne  in  284,  the  continuance  of  the  empire  and  its 
unity  were  assured,  at  least  for  a  time.  The  province  of 
Dacia,  however,  was  given  up,  and  the  Rhine  and  the 
Danube  were  henceforth  taken  as  the  limits  of  the  empire 
to  the  north. 

393.  The  System  of  Diocletian.  With  the  accession  of 
Diocletian  in  284  a  new  epoch  begins.  He  frankly  broke 
away  from  repul)lican  tradition,  substituted  a  monarchy  for 
the  nominal  dyarchy  of  the  three  preceding  centuries,  and 


THE    THIRD    CENTURY  335 

reorganized  completely  the  civil  and  military  administrative 
systems  of  the  empire. 

394.  The  Augusti.  His  scheme  of  government  involved 
the  appointment  of  two  emperors  who  bore  the  title  of 
Augusti.  The  republican  principle  of  collegiality  was  fully 
recognized  in  the  relations  which  they  bore  to  each  other. 
All  laws  and  edicts  were  issued  in  the  name  of  both,  and 
all  appointments  to  office  were  thought  of  as  coming  from 
them  conjointly.  In  point  of  fact,  however,  Diocletian 
made  Nicomedia  his  capital,  or  rather  his  headquarters, 
and  confined  his  attention  to  the  East,  while  his  colleague, 
Maximian,  ruled  in  the  West,  with  Milan  for  his  seat 
of  government.  This  arrangement,  therefore,  involved 
a  virtual  division  of  the  empire,  although  its  unity  was 
assumed  in  styling  the  territory  of  Diocletian /fl;r/^i-  Oricntis, 
and  that  of  Maximian  partes  Occidcntis.  Under  the  old 
regime  the  princeps  exercised  the  right  to  issue  edicts 
whose  binding  force  was  recognized  during  his  reign,  just 
as  the  proclamations  of  a  republican  magistrate  were  valid 
during  his  term  of  office.  The  theory  of  the  monarchy 
was  essentially  different.  The  formally  expressed  will  of  the 
Augusti  became  the  law  of  the  land,  and,  like  the  actions 
of  the  senate  and  popular  assemblies  in  the  earlier  period, 
continued  in  force  unless  it  was  annulled  by  a  later  emperor. 
The  logical  corollary  of  this  principle  was  also  unhesitatingly 
accepted,  that  the  emperor  could  not  be  legally  controlled 
or  restrained  by  the  action  of  any  magistrate  or  legislative 
body.  The  exalted  position  of  the  Augusti  was  indicated 
to  the  eye  by  their  imperial  robes  trimmed  with  precious 
stones,  by  the  imperial  diadem,  and  by  the  elaborate  cere- 
monial required  of  all  who  approached  them.  Under  the 
influence  of  the  Oriental  environment,  within  which  the 
seat  of  Diocletian's  government  lay,  the  emperor  was  looked 


336  IMPIIKIAL    rKKIOI):    HISTORICAL 

upon  as  more  than  mortal,  and  received  during  his  lifetime 
many  of  the  honors  paid  to  the  gods. 

395.  The  Caesares.  Nine  years  after  the  accession 
of  Diocletian  he  and  his  colleague,  Maximian,  chose  two 
Caesares,  who  stood  just  below  the  Augusti  in  point  of 
dignity.  Their  position  was,  however,  a  dependent  one. 
They  had  no  authority  except  that  which  was  conferred  on 
them  by  the  Augusti.  The  fact  that  they  received  a  fixed 
salary  indicates  clearly  enough  that  their  powers  were  dele- 
gated to  them.  These  powers  consisted  mainly  in  the  right 
to  hear  appeals,  and  to  exercise  a  general  supervision  over 
the  governors  whose  provinces  lay  within  their  jurisdiction. 
After  the  appointment  of  the  two  Caesars,  the  Roman  world 
was  divided  between  them  and  the  Augusti  on  the  following 
basis  :  Diocletian  took  Thrace,  Egypt,  Syria,  and  Asia  Minor, 
and  assigned  to  Galerius,  the  Caesar  whom  he  had  person- 
ally nominated,  the  Danubian  provinces,  Illyricum,  Greece, 
and  Crete,  while  Maximian  governed  Italy  and  Africa, 
assigning  Gaul,  Spain,  and  Britain  to  Constantius. 

The  main  purpose  of  the  institution  of  the  Caesars  was 
to  provide  for  the  succession,  and  it  was  a  part  of  Diocle- 
tian's plan  that,  when  one  of  the  Augusti  died  or  resigned, 
his  position  should  be  filled  at  once  by  the  advancement  of 
one  of  the  Caesars,  who,  at  the  time  of  their  elevation  to 
office,  were  adopted  by  the  Augusti.  In  fact,  Diocletian 
intended  to  have  the  Augusti  resign  in  favor  of  the  Caesares 
after  a  specified  time,  whereui)on  the  latter  were  expected 
to  adopt  two  new   Caesares. 

396.  The  Senate.  When  Rome  ceased  to  be  the  seat 
of  the  central  government,  the  Roman  senate  lost  its 
character  as  an  imperial  body.  It  became  essentially  an 
organization  with  local  powers.  This  state  of  things  was 
bluntly  recognized  by  Constantine  when  he  established  a 


THE    THIRD    CENTURY  337 

senate  with  like  functions  at  Constantinople.  Further- 
more, Diocletian  did  not  ask  the  senate  to  confirm  his 
imperial  powers,  nor  to  approve  his  action  in  making  Max- 
imian  his  colleague.  Now  from  the  earliest  times  the  senate 
had  maintained  that  the  control  of  the  state  returned  to  it 
whenever  the  chief-magistracy  became  vacant,  and  even 
under  the  empire  the  choice  of  an  emperor  needed  the 
confirmation  of  the  senate  to  be  constitutional.  Diocle- 
tian's neglect  to  secure  its  approval  was,  therefore,  in 
violation  of  the  theory  that  the  senate  was  the  ultimate 
depositary  of  supreme  power  (cf.  pp.  13  f.),  or  that  it  repre- 
sented the  continuity  of  the  government.  It,  of  course,  lost 
its  power  to  legislate  for  the  empire,  and,  since  under  the 
new  bureaucratic  system  the  old  magistracies  had  been 
robbed  of  almost  all  their  functions,  its  electoral  rights  had 
Httle  meaning.  Its  duties  consisted  mainly  in  electing  the 
consiiles  suffecti,  the  praetors,  and  the  quaestors,  in  legislat- 
ing with  reference  to  the  public  games  and  matters  affect- 
ing the  senatorial  order,  and  in  sitting  as  a  court  on  cases, 
especially  those  of  treason,  referred  to  it  by  the  emperor. 

397.  The  Republican  Magistracies.  Under  the  later 
empire  the  old  magistrates  had  become  in  reality  muni- 
cipal officials.  Their  true  political  position  was  recognized 
openly  in  Diocletian's  constitution.  The  consul  had  no 
other  duty  of  importance  than  to  preside  at  the  meetings 
of  the  senate ;  the  functions  of  the  praetor  and  quaes- 
tor were  confined  to  the  superintendence  of  the  public 
games,  except  that  certain  praetors  exercised  limited  judi- 
cial powers.  The  other  magistracies  disappeared.  The 
consules  ordiiiarii,  whose  term  of  office  expired  April  21, 
were  ai)pointed  by  the  emperor,  while  the  consules  suffedi, 
the  praetors,  and  the  quaestors  were  chosen  by  the  senate, 
subject  to  the  approval  of  the  emperor. 


338  IMPERIAL    rERlOD:    HISTORICAL 

398.  The  Administrative  System.  The  system  of  Dio- 
cletian, as  elaborated  by  Constantine,  was  based  upon  a 
complete  separation  of  the  civil  and  military  administra- 
tions and  a  carefully  graded  hierarchy  of  officials  in  each. 
At  the  head  of  the  civil  administration  were  the  four 
praefecti praetorio,  one  of  whom  resided  at  Constantinople, 
the  second  at  Sirmium,  the  third  at  Milan,  and  the  fourth 
at  Treves.  They  were  styled,  xt%^QC\.\ve\y,  prae/ectus  prae- 
torio Oricntis,  Illyrici^  Italiae,  and  Galliarum.  The  civil 
governors  of  Rome  and  Constantinople  were  outside  the  gen- 
eral scheme,  inasmuch  as  they  were  directly  responsible  to 
the  emperor  and  not  to  the  praefecti  within  whose  jurisdic- 
tion the  cities  in  question  lay.  The  powers  of  the  pracfcctus 
praetorio  were  varied  and  far-reaching.  It  was  his  privilege 
to  nominate  the  provincial  governors  to  the  emperor,  to 
supervise  their  conduct,  and  to  suspend  them  from  office,  if 
he  thought  it  best  to  do  so.  He  had  the  right  to  interpret 
the  law  and  to  hear  cases  of  appeal,  and  after  331  his  judg- 
ment was  accepted  as  final.  In  particular  he  had  complete 
control  of  imperial  finances  within  the  territory  assigned  to 
him.  Up  to  the  reign  of  Constantine  he  exercised  certain 
military  functions,  but  from  that  time  on  these  functions 
were  lost  altogether.  The  prefects  had  such  extensive 
powers  that,  as  a  rule,  they  were  allowed  to  hold  office  for 
a  short  time  only. 

The  prefectures  were  divided  into  dioceses,  and  these 
again  into  i)rovinces.  In  the  fifth  century  there  were 
twelve  dioceses,  and  some  of  them  were  made  up  of  as 
many  as  seventeen  provinces,  so  that  the  unit  of  govern- 
ment became  a  very  small  one.  The  governor  of  a  diocese, 
who  bore  the  title  of  vicarius,  and  was  named  directly  by 
the  emperor,  exercised  with  the  prefect  a  general  supervi- 
sion over  the  governors  of  the  i)rovinces  and  the  financial 


THE    THIRD   CENTURY  339 

officers  of  his  district.  The  governor  of  a  province 
[praeses,  consiilat'is,  or  corrector),  Hke  his  superiors,  the 
vicarius  and  the  praefectus  praetorio,  had  charge  of  civil 
administration  only.  At  the  head  of  the  military  admin- 
istration there  were  from  five  to  ten  officials  who  bore  such 
titles  as  magistri  militiim  per  Orientejn  and  per  Illyriciim, 
and  under  them  came  the  territorial  commanders,  who 
were  styled  duces  or  coniites.  The  ducatiis,  or  unit  of 
military  administration,  did  not  in  all  cases  correspond 
exactly  with  the  provmcia. 

399.  The  Relation  between  the  Old  and  the  New.  In 
discussing  the  history  of  the  empire  the  gradual  drift 
toward  monarchy  has  been  mentioned  (cf.  pp.  310  f., 
327).  In  the  first  150  years  of  our  era  the  movement  is 
especially  noticeable  under  Domitian  and  Hadrian.  Per- 
haps the  most  important  changes  which  prepared  the  way 
for  the  reforms  of  Diocletian  were  the  exercise  of  the  cen- 
sorial power  by  Domitian  (cf.  p.  310),  the  establishment 
of  a  bureaucratic  system  of  government  by  Hadrian  (cf. 
p.  318),  and  the  gradual  separation  of  the  civil  and  mili- 
tary administrations.  These  are  not,  however,  the  only 
distinctive  features  of  the  new  system  which  are  to  be  found 
in  the  old  one.  In  fact,  almost  all  the  important  institu- 
tions of  Diocletian's  government  existed  in  an  undeveloped 
or  in  a  fully  developed  form  in  the  empire  of  the  third  cen- 
tury. The  principle  of  collegiality,  carrying  along  with  it 
the  practical  division  of  the  empire  between  two  rulers,  was 
tried  during  the  reign  of  M.  Aurelius  (cf.  pp.  319  f.).  The 
practice  of  conferring  the  title  of  Caesar  on  the  intended 
successor  to  the  throne  goes  back  to  the  reign  of  Hadrian, 
although  it  is  true  that  under  the  empire  a  Caesar  needed 
the  confirmation  of  the  senate.  The  process  of  reducing 
Italy   to    a    level   with    the    provinces,   which    became   an 


340  IMPERIAL    PERIOD:    HISTORICAL 

accomplished  fact  under  the  new  regime  and  was  an  essen- 
tial part  of  Diocletian's  system,  had  been  going  on  for  cen- 
turies. The  division  of  the  larger  provinces  into  smaller 
units  of  government,  which  is  a  noticeable  feature  of  Dio- 
cletian's system,  was  carried  out  in  many  cases  as  early  as 
the  time  of  Domitian,  and  many  of  the  honorary  titles  and 
insignia  of  office  which  Diocletian  and  his  successors  took 
go  back  to  the  reigns  of  Domitian  or  Aurelian. 

It  is  clear,  therefore,  that  many  of  the  features  of  his 
system  are  to  be  found  in  the  empire,  so  that,  aside  from 
reorganizing  the  administration,  the  most  important  changes 
which  Diocletian  effected  consisted  in  breaking  away  from 
the  theory  of  the  dyarchy,  in  securing  formal  recognition 
thereby  of  the  fact  that  the  emperor  was  the  sole  source  of 
authority,  and  in  putting  the  succession  on  a  new  basis. 

Selections  from  the  Sources 

All  freemen  become  citizens  (212):  Dio,  LXXVII.  9.  —  Diocletian: 
Eutr.  IX.  19-28 ;  Aur.  Vict.  Caes.  39  ;  Lactant.  de  Mort.  Pers.  7  ff. ; 
Zonaras,  XII.  31-2  ;  Orosius,  VII.  25. 

Selected  Bibliography  ' 

Th.  Preuss,  Kaiser  Diocletian.     Leipzig,  1S68. 

Biidinger,  Untersuchungen,  etc. 

A.   W.    Ilunziiiger,   Die    diocletiaiiische    Staats-Reform.      Rostock, 

190Q. 
Karlowa,  Rcimische  Rechtsgeschichte,  Vol.  I.     Leipzig,  18S5. 
Walter,  Geschichte  d.  rumischen  Rechts,  Vol.  I.     Bonn,  1845. 

'  See  also  pp.  2S8  and  304. 


SECTION    II  —  DESCRIPTIVE 

CHAPTER  XVII 

THE    EMPEROR 

(a)   T7te  Succession;   conferring  Imperial  Powers,  Titles, 
Insignia;  Term  of  Office 

400.  Eligibility  and  the  Succession.  In  the  case  of 
the  emperor  there  were  no  specified  general  conditions 
governing  eUgibihty,  as  there  were  for  the  higher  repubUcan 
magistracies,  but  the  principle  was  tacitly  recognized  that 
an  emperor  must  be  a  patrician  and  a  senator,  and  the 
successful  candidates  for  the  imperial  purple,  who  did  not 

satisfy  these  two  traditional  requirements,  were  made  patri-  Spart.  Did. 
cians  or  senators,  as  the  case  might  be,  at  the  time  of  their  yl^^^_  7.  ^^' 
election.  The  senate  was  theoretically  the  ultimate  source 
of  authority  in  the  state,  so  that,  on  the  death  of  an 
emperor,  the  selection  of  his  successor  rested  with  it. 
However,  most  of  the  emperors  indicated  their  choice  for 
the  succession  by  making  certain  persons  heirs  to  their 
private  fortunes,  and  by  conferring  on  the  chosen  candi- 
dates the  proconsular  imperium  and  the  tribunician  power, 
and  the  nomination  thus  indirectly  made  by  the  emperor 
was  invariably  ratified  by  the  senate.  From  the  time  of 
Hadrian  the  title  of  Caesar  was  given  to  the  person 
designated  by  an  emperor  as  his  successor. 

401.  Method  of  granting  Imperial  Powers.  The  essen- 
tial acts  in  conferring  the  imperial  power  were  the  passage 

341 


342  IMPERIAL    PERIOD:    DESCRIPTIVE 

Append.  I.  of  the  hx  dc  imperio  and  of  the  lex  de  tribimicia  potestate. 
Tac.  Hist.  I.  These  measures  were  the  joint  action  of  the  senate  and  the 
Act  Fr^Arv  poi^'il-'ir  assembly.  The  cooperation  of  the  popular  assem- 
pp.  65  ff.  ])iy^  however,  was  from  the  outset  a  mere  matter  of  form. 

402.  Imperial  Titles.  At  the  election  of  an  emperor, 
or  shortly  after  his  accession,  various  titles  were  conferred 
upon  him,  some  of  which  were  purely  honorary,  while  others 
implied  the  grant  of  new  powers.  An  inscription  from  the 
early  part  of  the  reign  of  Augustus  {C.  I.  L.  III.  6070),  and 
another  from  the  reign  of  Hadrian  {C.  I.  L.  VI.  967),  may 
illustrate  the  names  and  titles  of  the  emperors  during  the 
two  periods  in  (juestion.  The  first  one  reads  Imperator 
Caesar  Dhi  Filiiis  Augustus  Consul  XII  Tribunicia  Potes- 
tate XVIII  Pontifex  Maximus.  In  the  other  Hadrian  is 
styled  Imperator  Caesar  Divi  Traia/ii  Parthici  Filius 
Divi  Nervae  Nepos  Traianus  Hadrian  us  Augustus  Pon- 
tifex Maxivius  Tribunicia  Potestate  II  Consul  II.  With 
few  exceptions,  the  emperors,  at  the  time  of  their  election, 
substituted  the  title  Imperator  for  their  former  praenomina. 
The  same  word  also  appears  again,  in  many  cases  as  an 
honorary  title,  in  the  latter  part  of  the  name.  Caesar  was 
the  cognomen  of  the  Julian  house,  and  was  transferred  to 
the  members  of  the  Claudian  family.  From  the  time  of 
Hadrian  its  use  was  restricted  to  the  emperor  and  his  candi- 
date for  the  succession.  In  the  first  century  it  stood  after 
the  praenomen  or  the  nomen ;  but  later  it  was  usually 
placed  between  Imperator  and  the  praenomen  or  nomeji. 
After  the  indication  of  descent  from  the  emperor's  prede- 
cessor or  predecessors,  and  the  nomina  or  cognomina,  came 
the  title  Augustus.  This  title  was  granted  to  Octavius  in 
Tac.  Hist.  27  B.C.  (cf.  p.  269),  and  was  conferred  by  the  senate  on 
Aiig.V.  "'^  all  his  successors  when  they  ascended  the  throne.  The 
position  of  pontifex  maximus  was  held  by  all  the  emperors, 


IMPERIAL   SUCCESSION   AND   TITLES  343 

as  well  as  membership  in  the  colleges  of  the  augurs,  the 
epulones,  and  the  quindecemvirs.    The  tribunician  power  was 
granted  for  life,  but  it  was  renewed  from  year  to  year.     It   St.  R.  IL 
is,  therefore,  the  surest  indication  in  any  document  con-   '^^'" 
taining    the    emperor's    name    of    the    year    to  which  the 
document  belongs.     The  consulship  was  held  from  time  to 
time  by  the  emperor,  at  least  for  a  part  of  the  year,  and 
during  these  periods  consul  appears  among  his  titles,  with 
an   indication  of  the   number  of  times  he  has   taken  the 
ofifice.    After  Trajan's  reign  the  title  proconsul  was  assumed   St.  R.  ii. 
outside  of  Italy,  while,  from  the  time  of  Septimius  Severus,   "  '    '   ' 
it  was  borne  even  in  Rome.     Other  titles  \^q.  pater  patriae, 
or  epithets  of  distinction  like  pins  felix,  were  conferred 
on  some  of  the  emperors.     Special  titles  like  Farthicus  or 
Germanicus  were  taken  after  successful  campaigns. 

403.  Insignia  of  Office.     On  formal  occasions  the  emperor 

sat  on  the  siibsellium  of  the  tribunes,  or  on  a  curule  chair   Dio,  50.2; 
between  the  consuls.     His  robe  of  ofifice  in  Italy  was  the   ciaud.  2-.^''' 
toga  praetexta  ;  outside  of  Italy  t\\Q  paludamentum.     From    Lampr.  He- 
the  time  of  Septimius  Severus  the  latter  was  worn  even  in    '°^  '  ^^' 
Italy.     Up  to  Domitian's  reign  the  emperor  was  attended 
by  twelve  lictors  ;  later  by  twenty-four. 

404.  Induction  into  Office.  When  the  emperor  ascended 
the  throne,  a  sacrifice  was  made  on  the  Capitol,  and  on  the 

first  of  January  of  each  year  the  senate,   the  magistrates,    Tac.  Ann. 
and  the  soldiers  took  the  oath  of  allegiance.      Augustus   \  ^.'  "'^*' 
accepted    his   extraordinary  powers  for  a  Hmited   period, 
but  his  successors  held  theirs  without  such  limitation. 

405.  The  Memory  of  a  Dead  Emperor.  The  ofifice  became 
vacant  when  the  emperor  died  a  natural  death,  or  resigned, 
or  was  overthrown.  In  the  last  instance  an  act  was  usually 
passed,  known  as  the  davinafio  mejnoriae,  or  a  declaration 
was  made  by  the  newly  chosen   emperor,   in  accordance 


344  IMPERIAL    PERIOD:    DESCRIPTIVE 

with  which  the  wearing  of  mourning  garments  was  for- 
bidden, the  statues  of  the  deceased  were  destroyed,  his 
name  was  erased  from  public  monuments,  and  his  acta 
were  annulled.  In  case  the  judgment  of  the  senate  on  a 
dead  em]:)eror  was  favorable,  he  received  the  title  of  divus 
and  a  flamen  was  appointed  in  his  honor. 

(6)    The  Powers  of  the  Emperor 

406.    Legal  Basis  of  the  Emperor's  Power.     The  powers 

of  the  emperor,  so  far  as  they  had  a  purely  legal  basis,  rested 
on  the  imperiiim  and  the  tribioiicia  potestas.  After  the 
year  23  n.c.  Augustus  ceased  to  hold  the  consulship  regu- 
larly, and  the  impcriian  which  he  exercised  he  held  pro  con- 
siile.  By  special  enactments,  however,  he  was  allowed  to 
retain  this  impcrium  within  the  city,  and  to  rank  with  the 
consul  in  the  exercise  of  its  powers.  The  measures  which 
thus  interpreted  and  extended  the  imperium  of  the  priti- 
ceps  and  freed  him  from  certain  restrictions  ordinarily  put 
on  magistrates,  were  reenacted  at  the  beginning  of  each 
reign,  and  have  come  down  to  us  in  a  fragmentary  form  in 
the  celebrated  lex  de  itnpcrio  Vcspasiatii.  To  fiicilitate  a 
comparison  of  the  position  of  the  emperor  with  that  of  the 
republican  chief-magistrate,  it  will  be  convenient  to  restate 
here  the  powers  covered  by  the  itnperiutn  under  the  repub- 
lic, and  to  discuss  the  several  functions  of  the  emperor  in 
the  same  order  in  which  the  similar  powers  of  the  republican 
magistrate  were  taken  up  (cf.  pp.  157  ff.).  The  if?iperium 
under  the  republic  covered  the  right  to  supervise  certain 
matters  of  a  politico-religious  character,  to  represent  the 
state  in  its  dealings  with  individuals  and  with  other  commu- 
nities, to  command  the  army  and  navy,  to  punish,  to  exer- 
cise civil  and  criminal  jurisdiction,  to  issue  proclamations 


POWERS    OF    THE    EMPEROR  345 

or  edicts,  to  call  and  preside  over  the  senate  and  the 
popular  assemblies,  and  to  supervise  certain  administrative 
matters. 

407.  Authority  in  Politico-Religious  Matters.  The  em- 
peror's magisterial  right  to  supervise  such  religious  matters 
as  had  a  political  side  was  strengthened  by  his  election  to  the 
four  great  priesthoods  and  by  his  elevation  to  the  position 
o{ pontifex  maximus  (cf.  pp.  342  f.),  and  was  formulated  in 
the  lex  de  iiiiperio^  which  empowered  him  to  do  qiiaecnmque 
ex  .  .  .  tnaiestate  divinarum  .  .  .  rerum  esse  censebit.  By 
virtue  of  this  authority  he  had  the  right  to  name  a  certain 
number  of  priests,  to  control  the  temples,  and  to  exercise  a 
general  supervision  over  religious  affairs. 

408.  Foreign  Affairs.  In  the  management  of  foreign 
affairs  the  princeps  was  supreme.  The  senate,  which  under 
the  later  republic  had  taken  such  matters  almost  entirely 
into  its  own  hands,  became  purely  an  advisory  body. 
This  change  was  merely  a  return  to  the  early  republican 
theory,  under  which  only  the  people  or  their  authorized 
representative,  the  magistrate,  could  carry  on  negotiations 
with  a  foreign  power.  The  senate  had  usurped  the  func- 
tions which  it  exercised  in  such  matters.  The  powers  of 
the  republican  magistrate  in  this  field  were,  however,  lim- 
ited by  the  rights  of  the  popular  assembly ;  those  of  the 
princeps  were  unlimited.  This  extension  of  the  wiperiiwi 
was  in  all  probability  granted  to  him  specifically  by  law. 

He  was  empowered  on  his  own  authority  to  declare  war,    Append. 
to  make  peace,  or  to  carry  on  negotiations  with  foreign 
nations.     This  did  not,  of  course,  prevent  him  from  asking 
the  senate  for  advice  on   such  matters,  or  from  compli- 
menting it  by  allowing  it  to  discuss  them  occasionally. 

409.  Command  of  the  Army  and  Navy.  Closely  con- 
nected with  the  power  just  mentioned  was  the  right  of  the 


346  IMrKKIAL    PERIOD:    DESCRIPTIVE 

17.  princeps  to  command  the  army  and  navy.  He  had  the 
exclusive  right  to  levy  and  organize  troops,  and  to  direct 
the  movements  of  troops  in  the  imperial  provinces,  and, 
since  the  unsettled  provinces  were  made  imperial  (cf.  pp. 
268,  283),  practically  the  entire  army  and  navy  of  the 
state  were  under  his  control.  The  officers  were  appointed 
by  him  ;  the  soldiers  took  the  oath  of  allegiance  to  him, 
and  were  paid  by  him.  The  senate  retained  the  power  to 
grant  a  triumph,  or  the  ortiajtienta  triumphalia.     Even  in 

m.  the  senatorial  provinces  the  pri'nceps  had  the  mains  impe- 
rium  over  the  proconsuls,  and  they  looked  rather  to  him 
than  to  the  senate  for  instructions.  In  this  whole  matter 
again  the  princeps  resumed  the  })ower  which  the  king  and 
the  chief-magistrate  of  the  early  republic  had  exercised, 
but  which  the  senate,  during  the  j^eriod  of  its  r.5cendency, 
had  in  large  part  usurped. 

410.  Judicial  Powers  of  the  Emperor  as  an  Appellate 
Judge.  Perhaps  the  most  important  change  which  the 
empire  made  in  the  judicial  powers  of  the  executive  was 
to  introduce  the  principle  of  appeal.  Under  the  republic 
this  right  was  unknown.  The  nearest  approach  to  it  lay  in 
the  veto  power  which  the  tribune  seems  to  have  exercised 

^'^'  on  rare  occasions  even  in  judicial  matters.  The  appellate 
power  which  the  princeps  freely  used  seems  to  have  devel- 
oped out  of  his  magisterial  right  to  exercise  jurisdiction  and 
his  tribunician  power. 

411.  The  Emperor's  Jurisdiction  in  Civil  Cases.  In  this 
way  he  heard  appeals  in  civil  cases  from  the  governors  of 
provinces,  and  from  Roman  or  Italian  magistrates.  Such 
appeals  were  sometimes  heard  by  him  in  person.  Some- 
times they  were  heard  before  persons  delegated  by  him  for 
the  purpose  ;  in  certain  cases,  before  the  consul  or  praetor 
at  Rome,  or  the  governor  in  a  province.     Appeals  from  the 


POWERS    OF   THE   EMPEROR  347 

decision  of  a  magistrate  in  the  city  of  Rome  were  usually 

turned  over  to  the  praetor  iirbanus,  or  later  to  the  prae-   Suet.  Aug. 

fechis  tcrbi.     Ajopeals  from  the  provinces  were  usually  taken   ^^ '     '°'  ^^ 

before  ex-consuls  appointed  to  hear  such  cases,  but  later 

they  came  to  the  praefectus  praetorio.     A  final  appeal  to 

the  emperor  from  the  decision  of  his  representative  was 

not    forbidden,    but   in   all    probabihty  was    rarely  taken.    Dio,  52.  y^. 

Appeals  were  ordinarily  not  allowed  in  jury  trials  except 

when  there  was  evidence  of  bribery,  or  when  there  was  a 

fundamental  legal  defect  in  the  constitution  of  the  court    • 

or  in    the   conduct  of   the   suit.     The  princeps  could,   of 

course,   hear  a  case  in   the   first  instance  also.     He   was   Suet.  Dom.8. 

assisted    by    a    consiUum    of   jurists    from    the    equestrian 

and  senatorial  orders  (cf.  p.  331).     The  members  of  this 

body  received    salaries  ranging    from   60,000   to    100,000 

sesterces.     The    princeps    presided  ;     the    consilia?-ii    gave   Suet.  Aug. 

their  opinions   in   writing,  and   the  prmceps  rendered   his   Tac.^A^n.'^' 

decision.  3- 1°;  Dig. 

36.  1. 76. 
412.    The  Emperor's  Jurisdiction  in  Criminal  Cases.     The 

most  interesting  developments  in  the  organization  of  the 
system  of  criminal  courts  were  the  recognition  of  the  right 
of  appeal,  the  gradual  disappearance  of  the  jury  system, 
and  the  assignment  of  judicial  powers  to  the  senate,  and  to   Dio,  52.  31 ; 
the  emperor  or  imperial  officials.     The  first  point  has  been   Suet.'cat.  5^ 
discussed  in  a  preceding  paragraph.     As  for  the  senate,  it 
seems  to  have  acquired  its  judicial  functions  first  in  the 
case  of  senators  charged  with  capital  offenses.     This  was  a 
very  natural  development.     It  was  the  aristocratic  inter- 
pretation of  the  principle  that  a  man   has  a  right  to  be 
tried  by  his  peers.     The  recognition  of  the  principle  was  a 
matter  of  mUch  dispute,  however,  between  the  senate  and    010,67.2; 
various  emperors.     The  senate  in  criminal  trials  bore  the    '^^'  ^' 
same  theoretical  relation  to  the  presiding  consul  as  a  jury  to 


348  IMPERIAL    PERIOD:    DESCRIPTIVE 

the  presiding  judge,  and  the  consul  in  conducting  a  court 
which  exercised  the  right  to  inflict  capital  punishment  with- 
out appeal  was  merely  calling  into  existence  again  a  pre- 
rogative which  the  king  and  the  early  consuls  had  enjoyed 
(p.  1 6).  Hence  the  assumption  of  criminal  jurisdiction  in 
capital  cases  by  the  consul  and  senate  was  merely  another 
case  of  reversion  to  the  early  theory  of  the  constitution. 
Inasmuch  as  cases  in  which  senators  were  concerned  often 
involved  men  belonging  to  other  classes,  especially  if  the 
offense  in  question  was  political,  the  criminal  jurisdiction 
of  the  senate  was  exercised  over  a  greater  number  of  per- 
sons than  would  appear  at  first  thought.  The  consul 
presided,  but  of  course  the  emperor  exercised  a  controlling 
influence.  The  senate  seems  to  have  lost  its  judicial  powers 
in  the  third  or  fourth  century.  From  that  time  charges 
against  senators  were  heard  before  the  praefedus  iiibi,  the 
praefectus  praetorio,  or  the  provincial  governors. 

The  emperor  himself  heard  only  cases  in  which  the  per- 
sons concerned  were  prominent,  or  the  matter  at  issue  was 
important.  The  decision  rested  with  him  alone,  but  he 
consulted  his  consiliarii.  Gradually  the  practice  grew  up 
of  conferring  on  imperial  officials  the  same  right  to  exercise 
criminal  jurisdiction  which  the  emperor  himself  enjoyed. 
In  this  way  persons  charged  with  the  commission  of  crimes 
in  Rome  or  its  vicinity  were  tried  before  the  praefectus 
urbi,  or  in  the  case  of  minor  offenses,  or  those  of  a  special 
character,  before  the  praefectus  vigilum  or  the  praefectus 
annonae.  The  praefectus  praetorio  heard  such  cases  for 
Italy,  and  the  governors  in  the  provinces  exercised  the 
same  right  for  the  territory  under  their  control.  Appeal 
could  be  taken,  in  capital  cases  at  least,  to  the  emperor,  but 
he  usually  delegated  the  praefectus  praetorio  to  act  in  his 
^l<:i(l,  from  whose  decision  ajjpeal  could  indeed  be  taken, 


POWERS    OF    THE    EMPEROR  349 

but  rarely  was  taken,  to  the  emperor.  Thus  the  tribunal  of 
the  praetorian  prefect  became  the  court  of  last  resort.  In 
this  way  the  quaestiones  perpetiiae  were  gradually  crowded 
out,  and  disappeared,  probably  toward  the  close  of  the 
second  century  of  our  era.  The  emperor  and  the  imperial 
officials  reached  their  decisions  without  the  help  of  a  jury, 
so  that  the  substitution  of  the  new  system  for  the  old 
involved  the  disappearance  of  trial  by  jury. 

413.    Edicta,  Decreta,  Rescripta,  etc.     The  emperor  could 
influence  legislation   direcdy  or  indirectly.     He  seems  to 
have  had  the  power,  for  instance,  to  grant  the  rights  of 
Roman  or  of  Latin  citizenship  on  his  own  authority  to 
individuals  or  to  communities  (cf.  pp.  308,  315),  but  his 
greatest  influence  over  legislation  lay  in  an  interpretation 
and  amplification  of  existing  law  by  issuing  edicta,  decreta, 
or  rescripta,  which  were  not  only  applicable  to  the  cases 
immediately  concerned,  but  furnished  precedents  for  similar 
cases  in  the  future.    The  edicta  were  imperial  proclamations   Dig.  28. 2. 26; 
addressed  to  citizens   or  peregrini,  and  dealt  particularly   c'l!  L.  x. 
with  matters  affecting  the  army,  the  treasury,  or  the  food   ^^"^^ 
supply.    The  ^1?^^,?/^  were  judicial  decisions  of  the  emperor.    1016;  ' 
The  rescripta,  of  which  we  hear  frequently  from  the  time   Eph.'Eplgr.' 
of  Trajan,  were  repHes  made  by  the  emperor  to  important   ^^-  7^7- 
questions  submitted  to  him  for  decision  by  imperial  officers   781  \  piin.  ad 
or  private  individuals.  ^''^-  7i'  8°- 

Mandata  and  epistulae  contained  official  instructions 
from  the  emperor.  To  all  these  classes  of  official  docu- 
ments the  generic  term  cojtstitntiofies  pri?icipis  was  applied, 
although  the  same  term  was  used  in  a  more  restricted 
sense  of  documents  in  which  a  general  legal  principle  was 
stated.  In  this  way,  by  interpreting  authoritatively  exist- 
ing laws,  and  by  supplementing  them  when  necessary,  the 
emperors  preceding  Diocletian,  although  they  did  not  have 


350  IMI'ERIAL    PERIOD:    DESCRIl'TIVE 

the  general  i)o\ver  to  legislate  directly,  exerted  a  rontrolling 
influence  on  the  development  of  the  law. 

414.  The  lus  cum  Patribus  Agendi.  The  priticeps  had 
the  right  to  convoke  the  senate,  to  preside  over  it,  to  lay 
matters  before  it  for  consideration,  or  to  take  part  in  its 
deliberations,  when  it  met  under  the  presidency  of  another 
magistrate.  Even  when  the  princeps  did  not  preside,  the 
business  brought  up  by  him  took  precedence  of  all  other 
matters.  In  the  second  century  of  our  era,  in  such  cases, 
as  many  as  five  propositions  could  be  submitted  by  him 
before  the  senate  took  up  other  business.  Toward  the  end 
of  his  reign,  when  Augustus  was  unable  to  attend  all  the 
meetings  of  the  senate,  he  sent  propositions  to  it  in  written 
form.  Propositions  of  this  sort,  whether  presented  orally 
or  in  writing,  were  out  of  courtesy  adopted  without  change, 
so  that  in  the  course  of  time  these  orationes  principis, 
as  they  were  called,  were  thought  of  as  forming  an  essen- 
tial part  of  the  law  of  the  empire.  When  the  emperor 
presided  over  the  senate,  his  practice  differed  in  one  impor- 
tant particular  from  that  of  the  republican  presiding  oflficer, 
in  that  he  could  propose,  and  ordinarily  did  propose,  a 
definite  motion  for  adoption,  whereas  in  important  matters 
the  consul  was  expected  merely  to  make  a  statement  of  the 
business  in  hand  (cf.  p.  228)  ;  but  whether  he  presided  or 
merely  exercised  the  rights  of  a  senator,  whether  he  was 
present  or  absent,  the  influence  of  the  princeps  controlled 
the  decisions  of  the  senate.  The  authority  which  Augustus 
received  in  his  later  years  to  establish  a  political  consilium 
has  already  (p.  277)  been  mentioned. 

415.  The  lus  cum  Populo  Agendi.  Augustus  took  into  his 
own  hands  the  control  of  foreign  affairs.  Tiberius  trans- 
ferred the  election  of  magistrates  to  the  senate  (p.  291), 
and  there  was  a  tendency  to  submit  matters  for  legislation 


POWERS    OF   THE   EMPEROR  351 

to  the  same  body,  so  that  the  meetings  of  the  popular 
assembhes  were  few  in  number,  and  of  Httle  importance. 
Thus  the  emperor's  his  cum  populo  agendi  did  not  amount 
to  much. 

416.  The  Nomination  of  Magistrates  and  the  Appointment 
of  Officials.  In  this  connection  it  is  convenient  to  mention 
the  emperor's  practice  of  passing  on  the  eUgibility  of  candi- 
dates for  the  magistracies,  and  of  recommending  certain 
names  to  the  electors  (cf.  pp.  275  f.).  This  privilege  of 
commending  candidates  was  legally  recognized  by  the  lex  dc 
ifnperio  Vespasia?ii  in  these  words  :  utiqiie  qiios  magistratum  Append  I 
potestatem  imperium  curationemve  cuius  rei  petentes  senatui 
populoque  Ro7na7io  commendaverit,  quibusque  suffragationeiii 

suam  deder-it  promiserit,  eorufn  cotnitis  quibusque  extra  ordi- 
nevi  ratio  habeatur.  Under  Augustus  the  recommendation 
was  made  to  the  popular  assemblies ;  under  later  emperors, 
to  the  senate.  The  number  of  candidates  recommended 
under  this  law  seems  to  have  varied  from  reign  to  reign, 
according  to  the  degree  of  respect  which  the  priticeps 
showed  for  the  senate.  The  men  thus  recommended  for 
office  were  known  as  candidati  Caesaris  or  Augusti.  When 
the  prificeps  himself  wished  the  consulship  he  could  inform 
the  senate  of  that  fact.  The  emperor,  of  course,  had  the 
right  to  appoint  imperial  officials  without  even  consulting 
the  senate.  Such  officials  were,  for  instance,  the  various 
procurators  in  the  department  of  finance,  the  prefects  in 
the  city,  and  the  legati  in  the  provinces. 

417.  The  Finances.     Under  the   republic   the  effective 
control  of   the   finances  rested   with   the   senate.     In  the 
early  period   that  body  exercised   the  right   to  impose   a 
tributum  or  special  taxes  on  citizens.     It  fixed  the  contri-   Liv.  23. 31.  i; 
butions  to  be  made  by  the   provinces,  and  although   the   ^^'  "'  '^~^' 
control  of  the  ager  publicus  was  often  a  matter  of  dispute 


352  IMPERIAL   PERIOD:    DESCRIPTIVE 

between  the  senate  and  the  popular  assemblies,  the  former, 
during  the  period  of  its  ascendency,  legislated  with  reference 
to  its  rental  or  sale,  as  the  case  might  be.  In  the  matter 
of  expenditure  it  adopted  a  budget  every  five  years 
covering  the  amount  to  be  expended  by  the  censor  on 
public  works,  and  annual  appropriations  were  made  by  it 
Cic.  in  Pis.  5;  for  the  provinces. 

418.  Division  of  the  Treasury.  Under  the  dyarchy  these 
functions  were  divided  between  iht  princeps  and  the  senate. 
This  fact  was  recognized  by  the  organization  of  three  sep- 
arate treasuries,  known  as  the  aerarium  Saturni,  ihejisais 
Caesan's,  and  the  aerarium  militare. 

419.  The  Aerarium  Saturni.  The  control  of  the  funds 
in  the  aerariu^n  Sahirfii  rested  with  the  senate,  but  when 
in  the  year  44  Claudius  took  from  that  body  the  right  to 
appoint  the  officials  in  charge  of  this  treasury,  its  authority 
in  the  matter  became  purely  nominal.  An  appropriation 
bill  was  necessary  before  money  could  be  paid  out,  but  the 
passage  of  such  a  measure  was  merely  a  matter  of  form. 
Little  by  little  the  revenues  paid  into  the  aerarium  Saturni 
were  diverted  to  the  Jiscus,  and  although  the  distinction 
between  these  two  departments  was  kept  up  until  the  reign 
of  Diocletian,  the  funds  in  the  former  grew  smaller  steadily, 
and  in  the  third  century  it  became  simply  a  municipal 
treasury.  After  44  the  administrative  officers  in  charge  of 
it  were  regularly  appointed  by  the  emperor. 

420.  The  Fiscus  Caesaris.  The  revenues  of  the  Jiscus 
Caesaris  came  mainly  from  the  rental  or  sale  of  the  ager 
publicus  in  the  provinces,  from  mines,  from  the  vectigalia 
or  stipendia  paid  by  the  imperial  provinces  and  in  some 
measure  by  the  senatorial  provinces,  from  legacies  left  to 
the  emperor,  from  the  atirum  eorotiarium,  and  from  customs 
duties  and  other  indirect  taxes.     The  funds  in  the  Jiscus 


POWERS    OF    THE    EMPEROR  353 

were  used  to  support  the  army  and  navy,  to  meet  the 
expenses  of  provincial  administration,  to  build  roads  and 
maintain  a  post  system,  to  cover  the  expenditure  of  the 
emperor  for  charitable  purposes,  and  to  provide  the  city 
of  Rome  with  grain  and  water. 

421.  The  Emperor's  Private  Fortune.  Out  of  the  pri- 
vate fortune  of  the  emperor  his  personal  expenses  and  the 
outlay  necessary  in  maintaining  the  imperial  household  were 
probably  met,  although  a  careful  distinction  does  not  seem 
to  have  been  made  between  the  res privata  and  the^scus. 

422.  The    Aerarium    Militate.     The   aerariuni   militarc 

was  established  by  Augustus  in  a.d.  6.  It  continued  in  Suet.  Aug. 
existence  up  to  the  third  century  of  our  era.  He  assigned  Ancyr.°".-6f 
to  it  a  large  sum  from  his  private  fortune,  and  gave  it  a 
permanent  income  from  the  tax  on  inheritances  {vicesima 
hereditatiu77i  et  legatorum)  and  on  auction  sales  {centesima 
reriwi  vejialiiini).  Its  funds  were  not  expected  to  cover 
the  main  expenses  for  military  purposes,  but  were  used 
especially  to  provide  for  the  veterans. 

423.  Taxation  and  Adjudication.  It  is  doubtful  if  the 
princeps  had  the  right  to  impose  new  taxes.  He  could, 
however,  rate  the   property  of  citizens,  and   in  the  later 

period  at  least  he  could  raise  or  lower  the  rate  of  taxation.  Suet.  Dom  9 
In  the  collection  of  taxes  the  contract  system  was  gradually  '°'  ''^'  ^' 
given  up.  In  some  cases  collections  were  made  by  sub- 
ordinate officials  attached  to  the  office  of  i\\e  procuratores  ; 
in  other  cases,  where  communities  were  required  to  pay  a 
fixed  sum,  the  local  officials  made  their  payments  directly 
into  the  treasury.  Similarly,  the  construction  of  public 
works  was  no  longer  let  out  by  private  contract.  Ques- 
tions arising  between  the  aerarium  Satiirni  and  citizens 
were  heard  by  the  officials  in  charge  of  the  aerarium,  with 
the  right  of  appeal  to  the  senate.    Matters  at  issue  between 


354  IMPERIAL    PERIOD:    DESCRIPTIVE 

the  Jiscus  and  individuals,  after  some  variation  in  the 
method  of  procedure,  were  also  adjudicated  by  the  treasury 
officials. 

424.  Coinage.  Under  the  republic  the  senate  had  the 
entire  control  of  the  coinage  of  money.  By  legislation  of 
the  year  15  B.C.,  however,  the  minting  of  gold  and  silver 
coins  was  intrusted  to  the  emperor ;  that  of  copper  coins 
was  retainetl  by   the  senate. 

425.  The  Censorial  Power  and  Adlectio.  Much  of  the 
financial  business  of  which  the  emperor  took  charge,  such 
as  the  collection  of  the  taxes  and  the  construction  of  public 
works,  had  been  managed  in  the  earlier  period  by  the  cen- 
sor. Another  function  also  of  the  censor,  that  of  drawing 
up  the  list  of  senators,  was  exercised  by  many  of  the 
emperors.  In  the  first  century  Augustus,  Claudius,  Vespa- 
sian, and  Domitian  held  the  censorship,  the  latter  taking 
it  for  life.  By  virtue  of  this  office  they  not  only  drew  up 
a  formal  list  of  senators,  but  men  who  had  held  no  magis- 
tracy they  advanced  to  senatorial  rank  by  the  adlectio 
infer  quacstorios  or  inter  tribunicios,  inter  praetorios,  inter 

i8i2-,  consulares,  as  the  case  might  be.     By  a  somewhat  similar 

viA'^sg.         exercise  of  power  senators  of  quaestorian  rank  were  pro- 

C.  I.  L.  VIII.   moted  inter  tribunicios,  and  so  on.     The  earlier  emperors 

Tac'.Ann.        who  took  the  censorial  power,  and  after  Domitian  all  the 
2.32. 

Tac.  Ann 

II.  25.  the  senate 


C.  I.  L.V. 


emperors,  exercised  the  right  of  removing  members  from 


426.  The  Government  of  Rome.  The  management  of  the 
city  of  Rome  passed  o\er  in  time  entirely  into  the  hands 
of  the  emperor.  The  principal  branches  of  the  municipal 
government  were  the  police  and  fire  departments,  the 
eura  an/ionae,  and  the  bureaus  which  had  charge  of  the 
aqueducts,  of  the  construction  of  jiublic  buildings,  and  of 
the  banks  of  the  Tiber  and   the  city  sewers.     Augustus, 


POWERS    OF    THE    EMPEROR  355 

early  in  his  reign,  took  to  himself  the  right   to  maintain 

public  order  in  Rome,  the  cura  urbis,  and  delegated  this 

power  to  his  representative,  the  praefectus  urbi,  during  his  Tac.  Ann. 

absence  from  the  city.    The  organization  of  the  praefectiira  suet.  Aug.  -7 

vigilum,   to   put  out  fires  and  protect  the  city  at  night,  010,55.26; 

1    •  ^         A     r       ■         •  Suet.  Aug.  30 

was  effected  m  .a.d.  6.     A  famuie  ni  22  b.c.  led  the  same    p,-,  ,^  ^. 

uio,  54'  *  ) 

emperor  to  make  extraordinary  arrangements  for  keeping   Tac.  Ann. 
Rome   supplied   with   grain,  but  he   did  not  organize  an 
imperial  bureau  to  take  charge  of  the  grain  supply  until  late 
in  his  reign.     Augustus  took  the  cura  aquaruni  in  1 1  B.C.,   Frontin.  de 
and  at  about  the  same  time  the  cura  opcrum  tuendorum.   "  ^-  99   • 
In  the  first  year  of  his  reign  Tiberius  assigned  the  duty  of 
protecting  the  city  against  inundations  to  commissioners,    Dio,  57. 14; 

T^jic   Ann 

who  after  Trajan  took  charge  of  the  sewers  also,  and  were    j.  75. 

known  as  ciiratores  alvei  et  ripartim   Tiberis  ct  cloacaruin   C.  I.  L.  V. 

5262; 
urbis.     The  details  of  the  organization  of  these  bureaus  will   vi.  1242. 

be  considered  in  another  connection.  Only  the  emperor, 
from  the  time  of  Claudius,  had  the  right  to  extend  the 
pomerium. 

427.  The  Government  of  Italy.  The  process  of  reduc- 
ing Italy  to  the  level  of  the  provinces,  and  of  making  it, 
like  the  rest  of  the  empire,  subject  to  the  will  of  the 
emperor,  was  completed  in  the  third  century  of  our  era, 
when  a  governor  called  a  corrector  was  placed  over  it.  The 
movement  in  this  direction  had  been  continuous  from  the 
beginning.  Augustus  had  stationed  a  fleet  at  Ravenna,  and  Suet.  Aug.  49. 
another  at  Misenum,  under  officers  of  his  own  appointment. 
Troops   for  the  maintenance    of  public    order   were   also   Suet.  .4ug. 

.  .  '?2 1  Tib.  X] . 

quartered  by  him  at  various  convenient  pomts.  His  com- 
missioners, the  curatores  viartim,  took  charge  of  the  public 
roads.  In  the  reigns  of  Trajan  and  Hadrian  the  adminis- 
trative supervision  of  the  emperor  over  Italy  was  extended 
still    further    by    the    establishment    of    the   praefecturae 


356  IMI'KKIAL    rEKlOU:    DESCRirTlVE 

alimentonan  (cf.  pp.  323  f.),  and  by  the  usurpation,  on  the 
part  of  the  emperor,  of  the  right  to  exercise  a  control  over 
the  finances  of  Italian  municipalities.  The  civil  jurisdiction 
Spart.  Hadr.  of  the  officials  in  these  towns  was  restricted  by  Hadrian, 
and  in  the  third  century  criminal  jurisdiction  throughout 
Italy  was  divided  between  the  praefcdus  praetorio  and  the 
praefcctus  urln  (cf.  p.  364). 

428.  The  Government  of  the  Provinces.  The  ins  pro- 
consulare  of  the  emperor  made  him  master  of  the  imperial 
provinces,  and  the  fnaius  iinperium  gave  him  control  over 
the  governors  of  senatorial  provinces.  In  the  imperial 
provinces  not  only  the  governors  but  the  officers  in  com- 
mand of  the  legions  were  appointed  by  him.  The  close 
surveillance  which  he  exercised  over  the  details  of  admin- 
istration in  his  own  provinces,  and  the  tendency  which 
senatorial  governors  showed  to  defer  to  his  judgment  and 
wishes  and  to  follow  the  precedents  established  by  him  in 
imperial  i)rovinces,  have  been  noted  in  another  connection 
(p.  301).  Roman  citizens  could  appeal  from  the  judicial 
decisions  of  imperial  governors  in  criminal  cases  to  the 
emperor  or  to  his  representative  at  Rome  (cf.  p.  348). 
Appeals  from  the  governors  of  senatorial  provinces  were 
heard  by  the  emperor  or  senate,  and  of  course  in  these 
cases  the  judgment  of  the  emperor,  or  of  his  counsellors, 
was  the  decisive  foctor. 

429.  The  Tribunician  Power.  The  possession  of  the 
tribunician  power  had  for  the  emperor  more  of  a  senti- 
mental or  traditional  than  legal  value.  Many  of  the  con- 
stitutional powers  which  it  conferred,  like  the  right  to 
convoke  the  senate,  came  to  him  in  another  way,  but  it  did 
invest  his  person  with  a  sacrosanct  character,  and  made  him 
the  recognized  champion  of  popular  rights  (cf.  pp.  201  f.). 
Since  the  sanctity  of  the  tribune's  person  could  be  violated 


POWERS    OF    THE    EMPEROR  35/ 

by  offensive  or  threatening  language,  as  well  as  by  deeds  of 
violence,  it  is  easy  to  see  how  prosecutions  for  Diinuta 
maiestas  under  the  empire  (cf.  p.  291)  could  be  legally 
based  on  this  interpretation  of  the  sacrosanct  character  of 
the  tribune's  office.  It  is  not  probable  that  the  emperor 
found  it  necessary  to  use  the  ins  aiixilii  or  the  ins  iiiter- 
cessionis  directly  in  legislative  or  executive  matters.  The 
prestige  which  his  position  gave  him  was  so  great  that  a 
failure  to  conform  to  his  wishes  on  the  part  of  the  senate  or 
of  a  magistrate  is  hardly  conceivable.  We  have  had  occa- 
sion to  notice  (pp.  346-7),  however,  that  certain  impor- 
tant judicial  functions  of  the  emperor  perhaps  rested  on 
the  ius  intercessionis.  There  is  a  subtle  distinction  under 
the  imperial  constitution  between  holding  the  position  of 
tribune  and  having  the  tribunician  power.  The  emperor, 
by  virtue  of  his  tribunician  power,  could  veto  the  action  of  St.  R.  ii. 
a  tribune,  but  he  was  not  himself  a  tribune,  and  his  action  °' "'  ^' 
could  not  be  vetoed  by  a  tribune.  This  distinction  was 
probably  of  little  practical  importance,  however,  since  no 
tribune  would  dare  to  oppose  him.  The  tribunician  power 
was  given  to  the  emperor  for  Hfe.  Augustus  received  it  in 
36  B.C.,  Tiberius  in  6  B.C.,  the  other  emperors  from  the  time 
when  they  were  associated  in  the  government  by  their  pre- 
decessois,  or,  if  they  were  not  so  associated,  on  the  day  of 
their  accession,  or  shortly  after  it. 

430.  Exemption  from  Certain  Laws.  In  connection 
with  the  tribunician  power  the  fact  may  be  mentioned  that 
the  emperor  was  exempted  from  observing  certain  laws. 
Although  the  laws  in  question  are  not  specified  in  the  lex 
de  imperio  Vespasiani,  the  principle  is  distinctly  stated  :  Append.  I. 
utique  quibus  legibus  plebeive  scitis  scriptum  fuit,  lie  divus 
Aug.,  Tiberiusve  Julius  Caesar  Aug.,  Tiberiusque  Claudius 
Caesar  Aug,    Gcr?nanicus  tenerentur,  iis  legibus  plebisque 


358  IMPERIAL    I'KRIOD:    DESCRIPTIVK 

Self  is  Imp.  Caesar  Vespasiamis  soliitus  si/,  quacqtie  ex  qiiaque 
lege  rogatione  dii'uyn  Aug.,  Tiberiiinn'e,  Gic.,facere  oportuit, 
ea  omnia  Imp.  Caesari  Vespasiano  Aug.  facere  lieeat. 

Selectkd  IjIhliogkai'hy  ' 

Y.   B.   R.    Hellems,  The  lex  de  imperio   Vespasiani.     Chicago    (in 

press). 
J.  Kromayer,  Die  rechtliche  Begriindung  des  I'rinzipats.    Strassburg, 

i88S. 
H.  Pelham,  On  some  disputed  points  connected  with  tlie  imperium 

of  Augustus  and  his  successors,  Journ.  of  Philol.  XVII  (iS8S), 

pp.  27-52. 
H.   Pelham,    Princeps   or  princej^s   senatus,   ilnd.   \'III   (1S79),   pp. 

Supplementary  Literature,  1901-1910 

Hardy,  Studies  in  Roman  History:  Second  Series.     London,  1909. 
Homo,  Le  domaine  imperial  a  Rome.     Melanges  d'arch.  et  d'hist. 

XIX  (1899),  101-129. 
Stobbe,  Die  Candidati  Caesaris.     Philologus,  XXVII. 

*  •  See  also  bibliography  on  pp.  173,  288,  304,  316,  32S. 


CHAPTER   XVni 

IMPERIAL   OFFICIALS 

(a)    Officials  Attached  to  the  Imperial  Household 

431.  Imperial  Officials.  The  organization  of  the  differ- 
ent bureaus  of  civil  administration  under  the  empire  was 
effected  gradually,  and  the  functions  of  many  officials 
changed  somewhat  from  one  period  to  another,  so  that  a 
description  of  the  powers  and  duties  of  an  imperial  officer 
in  one  reign  may  not  be  strictly  accurate  for  another  reign. 
Some  officials  even  pass  over  from  the  military  to  the  civil 
side  of  the  administration,  as  happens  in  the  case  of  the 
praefectus praetorio ;  or  the  opposite  change  takes  place.  In 
view  of  this  development  and  these  changes,  it  will  be  con- 
venient to  have  in  mind  especially  the  imperial  system  in 
the  period  subsequent  to  Hadrian,  since  that  emperor  did 
so  much  to  organize  the  several  bureaus  of  administration 
(cf.  p.  318).  No  classification  of  imperial  officials  seems 
satisfactory  in  all  respects,  but  it  will  serve  our  purpose 
best  to  group  them  as  follows  :  (a)  tJiose  attacJied  to  the 
imperial  hoicsehold,  (b)  judges^  (c)  financial  ofificials ;  those 
charged  with  the  governifient  (d)  0/  Rome,  (e)  of  Italy,  and 
{i)  of  the  provinces. 

432.  The  Imperial  Family  and  the  Caesar,  Most  closely 
attached  to  the  person  of  the  emperor  were  the  members 
of  his  own  family.  Since  the  principate  was  not  an  heredi- 
tary office,  they  had  no  extraordinary  powers,  titles,  or 
honors,  except  as   these  were  conferred  on   them  by  the 

359 


360  IMPERIAL    PERIOD:    DESCRIPTIVE 

senate  at  the  request,  or  with  the  approval,  of  the  emperor. 
Tac.  Ann.  The  empress  usually  received  the  title  of  Augusta,  and  the 
princes  of  the  imperial  household  bore  the  title  of  Caesar 
until  the  time  of  Hadrian,  who  restricted  it  to  the  person 
whom  the  emperor  had  picked  out  as  his  successor  (cf. 
Tac.  Ann.  p.  34i)-  Upon  the  person  selected  for  the  succession  the 
-  c6  '  '^'  imperhim  proconsulare  and  the  potestas  tribunicia  were 
conferred.  He  was  thus  made  in  a  sense  a  colleague  of 
the  emperor,  and  is  designated  by  Tacitus  {Anti.  I.  3)  as 
collega  imperii,  consors  tribuniciae  potestatis.  The  relation 
was  one  of  imperfect  collegiality,  however,  for,  although 
the  prospective  successor  had  the  maius  iniperium  over  all 
magistrates  and  imperial  officials,  in  the  exercise  of  both 
his  iniperium  and  his  tribunician  power  he  must  have  been 
subject  to  the  emperor.  The  significance  of  the  title  of 
Caesar  and  the  passage  of  the  two  acts  above  mentioned 
lay  in  the  fact  that  they  designated  a  certain  person  for 
the  succession  (cf.  p.  341).  To  the  Caesar  such  honors 
were  ordinarily  granted  as  the  title  of  impcrator,  and  the 
right  to  participate  in  a  triumph  and  to  have  his  likeness 
stamped  on  coins.  He  usually  held  the  magistracies  also 
with  the  emperor.  In  the  relation  existing  between  Marcus 
Aurelius  and  Lucius  Aelius  (cf.  pp.  319  f.),  the  collegiate 
principle  in  an  almost  pure  form  was  recognized,  the  title 
of  pontifex  maximus  being  the  only  one  reserved  by  Marcus 
Aurelius. 

433.  The  Praefectus  Praetorio.  To  the  pracfedus  prae- 
torio  was  committed  the  protection  of  the  emperor's  person, 
so  that,  although  in  time  his  authority  extended  far  beyond 
the  limits  of  the  court,  he  may  properly  be  considered  as  a 
member  of  the  emperor's  household.  Intrusted  at  first 
only  with  the  charge  of  the  three  praetorian  cohorts  at 
Rome,  he   acquired   the  command  in  the  course  of  time 


COURT   OFFICIALS  36 1 

of  all  the  troops  stationed  in  Italy,  with  the  exception  of  Dio.  52.  24. 
the  cohortes  urbmiae  and  one  legion  outside  the  city.  The 
control  of  this  armed  force  in  and  near  Rome,  and  the 
power  which  it  gave  him  to  influence  the  succession,  gave 
the  praetorian  prefect  the  position  which  he  held  next  in 
importance  to  the  emperor.  The  execution  of  imperial 
decrees  and  a  general  supervision  of  imperial  officials  were, 
therefore,  naturally  turned  over  to  him. 

His  jurisdiction  in  civil  and  criminal  cases  has  already 
been  noticed  (cf.  pp.  347  ff.).  These  functions  were  a 
natural  development  of  the  original  powers  of  his  office. 
His  position  as  commander-in-chief  of  the  forces  in  Italy 
carried  along  with  it  the  right  to  exercise  military  jurisdic- 
tion over  the  troops  under  his  command.  This  duty  called 
for  judicial  qualities,  and  when  the  principle  of  appeal  was 
introduced  it  was  a  not  unnatural  thing  to  place  him  in 
charge  of  the  appellate  court.  In  this  way  the  office  of 
praetorian  prefect  became  in  the  later  empire  more  of  a 
judicial  than  of  a  military  position,  and  was  held  by  the 
most  distinguished  jurists  of  the  period.  The  legal  attain- 
ments of  the  prefect  naturally  gave  him  also  the  leading 
place  in  the  judicial  consilium  of  the  emperor  (p.  331). 
The  office  was  restricted  to  knights  under  the  early  empire. 

434.  The  Amici  and  Comites  Augusti.  The  amici  Augusti 
held  a  semi-official  position  at  court.  They  enjoyed  the 
personal  favor  of  the  emperor,  and  were  employed  by  him 
in  various  administrative  matters.  From  their  number  he 
made  up  in  large  measure  his  consilium,  and  by  men  chosen 
from  among  them  he  was  accompanied  on  his  journeys  to  wilm.  Ex 
the  provinces.  In  fact,  comes  Augusti  was  essentially  an  p^j^j. 
official  title,  and  those  who  were  honored  with  it  were 
steadily  employed  on  imperial  business.  Only  senators 
became  comites. 


362  IMI'KRIAL    I'KRIOI):    DESCRITTIVE 

435.  The  Officials  a  Rationibus.  The  ])rincipal  bureaus 
attached  to  the  imi)erial  household  were  those  a  rationibus, 
ab  episttilis,  a  libt'Uis,  a  cognitionibi/s,  and  a  inemoria.  The 
imperial  fiscus  (cL  p.  352)  was  managed  at  first  by  a  t'reed- 
man,  but  after  Hadrian  by  a  procurator  Augusti  a  rationi- 
bus, or  a  rationalis,  chosen  from  the  equestrian  order. 
The  tabu/aril  and  other  assistants  in  this  department  were 
freedmcn  or  sla\es. 

436.  The  Officials  ab  Epistulis.  The  ofificials  designated 
as  ab  epistulis  had  charge  of  the  official  correspondence  of 
the  emperor.  They  received  despatches  from  governors, 
generals,  towns,  and  embassies,  and  put  into  final  form  the 
emperor's  replies.  Documents  intended  for  Greek-speaking 
peoples  were  written  in  Greek,  so  that  the  bureau  was 
divided  into  the  two  sections,  ab  epistulis  Latinis  and  ab 
epistulis  Graecis. 

437.  The  Officials  a  Libellis.  The  bureau  a  libellis 
received  the  petitions  and  memorials  addressed  by  indi- 
viduals to  the  emperor,  and  drew  up  decisions  or  replies 
for  the  emperor's  signature. 

438.  The  Officials  a  Cognitionibus.  The  officials  a  cog- 
nitionibus  were  charged  with  collecting  information  and 
preparing  opinions  for  the  emperor  on  judicial  questions 
submitted  to  him  for  settlement.  A  legal  training  was  very 
imj)ortant  for  those  who  held  this  office.  In  the  early 
period  its  incumbents  were  freedmen  ;  later  it  was  filled 
by  members  of  the  equestrian  order. 

439.  The  Officials  a  Memoria.  Those  who  held  the 
office  a  memoria,  which  was  established  in  the  second 
century,  were  employed  in  collecting  materials  for  the 
emperor's  public  utterances,  or  in  putting  the  emperor's 
decisions 'in  a  suitable  fomi  for  public  i)resentation. 


JUDICIAL    OFFICERS  363 

(ft)  Imperial  Judicial  Officers 

440.  Criminal  Jurisdiction  of  the  Senate  and  the  Quaes- 
tiones  Perpetuae.  A  few  words  must  be  said  about  the 
different  criminal  courts  before  the  judicial  functions  of 
certain  imperial  officers  will  be  understood.  By  the  close 
of  the  republican  period  the  popular  assembhes  were  no 
longer  called  together  as  judicial  bodies,  so  that  all  criminal 
cases  came  before  the  quaestiones  perpetuae  (cf.  pp.  74, 
105  f.).  From  70  to  46  B.C.  the  juries  in  these  courts  were 
composed  of  senators,  knights,  and  trilnuii  aerarii.  The 
trihuni  aerarii  were  not  represented  on  them  after  46,  and 
Augustus  excused  the  senators  from  jury  duty,  but  he  added 
a  certain  number  of  men  having  property  amounting  to 
200,000  sesterces  ijiucenarii').  They  served,  however,  only 
on  juries  in  civil  cases  of  minor  importance.  The  quaes- 
tiones perpetuae  disappeared  in  the  third  century.  The 
criminal  jurisdiction  of  the  senate,  which  came  in  with  the 
empire  (cf.  p.  277),  was  exercised  over  serious  political 
offenses,  especially  if  senators  were  concerned  (cf.  pp.  347  f.). 
The  penalties  of  banishment,  deportation,  or  death  could  be 
imposed.  No  appeal  could  be  taken  to  the  emperor,  but 
he  could  interpose  his  veto,  if  he  wished.  The  senate  lost 
its  judicial  powers  in  the  third  or  fourth  century. 

441.  Criminal  Jurisdiction  of  Imperial  Officials.  The 
emperor  exercised  his  criminal  jurisdiction  in  person,  or 
delegated  it.  When  he  sat  in  person  he  generally  observed 
the  procedure  of  the  criminal  law,  and  was  assisted  by  the 
members  of  the  bureau  a  cogniticmibus  (cf.  p.  362),  and  by 
such  members  of  his  C07isilium  (cf.  p.  347)  as  he  had  chosen 
for  the  case  in  hand.  For  special  cases  he  delegated  his 
power  to  a  iudex  datus,  but  for  cases  belonging  to  certain 
categories  the  praefedus  praetorio,  the  praefectus  urbi,  the 


364  IMl'F.RIAL    PERIOD:    DKSCRII'T1\  i: 

prae/ixtus  Tigilum,  and  the  praeft-ctiis  annotiae  were  com- 
petent without  special  authorization  from  him.  The  praeto- 
rian prefect  exercised  criminal  jurisdiction  over  the  soldiers 
in  Italy,  and  in  capital  cases  over  civilians  in  Italy  outside 
of  a  radius  of  one  hundred  miles  from  Rome,  and  in  the 
later  period  on  appeal  from  the  governors  of  jjrovinces  (cf. 
pp.  348  f.,  361).  In  a  similar  way  the  city  prefect  tried 
persons  charged  with  capital  offenses  committed  in  Rome 
or  within  one  hundred  miles  of  the  city.  He  could  even 
delegate  his  judicial  power  to  others.  The  praefedtis  vigi- 
/iim  exercised  jurisdiction  over  minor  crimes.  An  ai)peal 
could  be  taken  from  his  decision  to  the  emperor  or  the 
praetorian  prefect.  The  praefedus  annotiae  heard  criminal 
cases  coming  within  his  special  jjrovince,  such  as  attempts 
to  create  a  corner  in  grain.  The  governors  of  provinces 
had  criminal  jurisdiction,  even  in  capital  cases,  over  all 
Roman  citizens  in  their  provinces,  except  that  senators, 
officers  of  a  certain  rank,  and  members  of  the  municipal 
senates  had  a  right  to  be  tried  in  Rome. 

442.  Civil  Jurisdiction  of  Republican  Courts.  For  the 
adjudication  of  civil  cases  the  empire  inherited  from  the 
republic  the  courts  of  the  praetors  (cf.  p.  189),  the  cunile 
aediles,  the  X  viri  stiitibus  itidicandis  (cf.  p.  210),  and  the 
centum  viri.  The  judicial  functions  of  the  cumle  aediles 
were  of  little  importance  (cf.  p.  206).  The  centumviral 
court  was  increased  in  membership  from  105  to  180. 
Sometimes  it  sat  as  a  unit,  but  more  freciuently  it  was 
Quint.  5.2.1.  divided  into  four  sections.  Under  the  empire  its  members 
were  probably  chosen  from  among  the  regular  iudices. 
From  the  time  of  Augustus  the  X  viri  silitibus  iudi- 
candis  acted  as  presiding  officers  in  the  several  sections  of 
the  centumviral  court.  The  business  which  came  before 
the  court  was  essentially  the  same  as  under  the  republic. 


FINANCIAL    OFFICERS  365 

The  civil  jurisdiction  of  the  praetors  was  somewhat  extended 
by  the  assignment  to  them  of  new  classes  of  cases,  notably 
those  arising  between  the  fiscus  and  individuals. 

443.  Civil  Jurisdiction  of  Imperial  Officials.  To  the 
several  civil  courts  mentioned  above  we  must  add  for  the 
empire  the  court  presided  over  by  the  emperor  or  by  some 
one  exercising  authority  delegated  by  him.  The  emperor 
himself  heard  cases  in  the  first  instance  or  on  appeal. 
Special  cases  were  assigned  to  a  index.  Cases  falling  within 
certain  categories  were  heard  in  the  emperor's  name  by 
praetors,  consuls,  or  provincial  governors,  while  questions 
of  appeal  came  before  the  praefectus  icrbi  or  the  prarfcctus 
praetorio  (cf.  p.  347).  Civil  and  criminal  jurisdiction  in 
the  municipalities  will  be  considered  in  another  connection. 

(c)  Imperial  Financial  Officers 

444.  Census  Officials.     The  valuation   of  property  and 
the  levying  of  taxes  were  based  on  the  census  books  {^libri 
censuales)  prepared  under  the  supervision  of  the  censitores   wiim.  Ex. 
appointed  by  the  emperor,  one  for  each  province  or  smaller   J'^^r- 1249  b, 
unit  of  territory.     The  method  of  procedure  which  they 
adopted  was  similar  to  that  followed  by  the  censor  at  Rome 

(cf.  pp.  192  f.). 

445.  Officials  of  the  Aerarium  Saturni.     At  the  begin- 
ning of  the  imperial  period   the  aerarium  Saturni  was  in 
charge  of  the  city  quaestors  (cf.  p.  208),  but  Augustus  trans- 
ferred it  to  two  praefecti  aerarii  elected  by  the  senate  from    Tac.  Ann. 
the  list  of  praetorian  senators.    Later  it  was  placed  in  charge   au|.^'6.^"^*' 
of  praetors,  and  still  later  it  was  restored  to  the  quaestors, 

but  the  system  finally  established  by  Nero  in  56,  in  accord- 
ance with  which  prefects  appointed   by  the  emperor  had    Wilm.  Ex. 

ir-  -11  !•  ^T^-,  Inscr.  1 1  CO, 

control  of  it,  w-as  retamed  down  to  the  tune  of  Diocletian.      1152,  1188. 


366  IMTKRIAL    I'KKIOI):    DESC  KU'TIVE 

446.  Officials  of  the  Fiscus.  The  management  of  the 
fisius  was  intrusted  to  an  official  known  successively  as  the 
patroHus  or  procurator  fisci,  the  procurator  a  rationibus, 
and,  toward  the  close  of  the  second  century,  as  the  ratio- 
nalis.  From  the  time  of  Hadrian  this  position  was  filled  by 
a  knight.  A  subordinate  officer,  called  a  procurator,  was 
appointed  to  collect  the  taxes  in  each  province,  or  to  take 
charge  of  taxes  of  a  particular  sort,  so  that  one  hears,  for 
instance,  of  a  procurator  Asiae  and  a  procurator  viccsiniae 
hcreditatiutn.  'I'he  procurators  sat  in  judgment  on  ques- 
tions arising  between  the  state  and  an  individual,  just  as 
the  censors  had  done  under  the  republic  (p.  194). 

447.  Officials  of  the  Aerarium  Militare.  The  aerariurn 
militare  was  managed  by  three  praefecti  acrarii  militaris 
chosen  for  a  period  of  three  years  from  senators  of  prae- 
torian rank.  Under  Augustus  they  were  selected  by  lot, 
but  later  the  emperor  appointed  them,  and  this  change 
constitutes  one  of  the  earliest  instances  of  the  encroach- 
ment of  the  emperor  on  the  traditional  rights  of  the  senate 
in  financial  matters. 

448.  Officials  of  the  Res  Privata.  To  the  res  privata 
or  patrifuoniufn  of  the  emperor  belonged  the  estates  of 
the  imperial  family  and  the  additions  made  by  legacies, 
presents,  or  by  confiscation.  This  property  was  in  charge 
of  officials  appointed  by  the  emperor,  and  we  hear,  for 
instance,  of  a  procurator  saltus  Domitiani.  A  sharp  dis- 
tinction between  the  fiscus  and  the  res  privata  of  the 
emperor  was  not  made  until  the  reign  of  Sejitimius  Sevents, 
when  we  find  mention  of  a  procurator  rcruvi  privata- 
rum,  under  whom  in  the  various  parts  of  the  empire 
were  officials  who  bore  such  titles  as  procurator  pro'i'incia- 
rum  Bithyniae  Ponti  Paphlagoiiiac  tain  patriinoni  qitam 
rat  ion  urn  privataruni. 


OFFICIALS    FOR    ROME  367 

(d)  Imperial  Officers  Otarged  with  the  Government   of 

Rome 

449.  The  Praefectus  Urbi.  The  praefectura  urbis  was 
established  by  Augustus  to  provide  for  the  government  of 
the  city  during  his  absence.  The  creation  of  this  office 
involved  an  open  recognition  by  him  of  the  fact  that  he 
was  at  the  head  of  the  state,  and  that  when  he  left  the  city 
it  was  without  a  chief-magistrate,  because  under  the  con- 
stitutional republic  the  praefectura  urbis  was  only  called 
into  existence  when  both  the  consuls  were  absent  (cf. 
p.  212).  Tiberius  went  a  step  farther  than  his  predecessor, 
by  appointing  a  praefectus  urbi  to  hold  office  whether  he 
himself  was  in  Rome  or  not.  The  incumbent  of  the  office 
was  named  by  the  emperor  for  an  undetermined  period 
from  the  senators  of  consular  rank.  He  was  intnisted  with 
the  maintenance  of  order  in  the  city,  and  his  duties 
required  him  to  take  charge  in  particular  of  public  gather- 
ings at  the  markets,  in  the  theatres,  or  the  circus.  For 
this  purpose  he  had  under  his  command  at  the  outset 
three,  and  later  as  many  as  six,  cohortes  iirbanae,  comprising 
from  1000  to  1500  men  each.  Along  with  his  functions 
as  a  police  official  in  preventing  disorder,  he  naturally 
acquired  criminal  jurisdiction,  at  first  in  cases  where  the 
lower  classes  only  were  concerned  ;  but  in  time  these  judicial 
functions  developed  to  such  an  extent  that  his  court  became 
the  most  important  criminal  court  in  Rome,  and  even 
extended  its  jurisdiction  far  beyond  the  limits  of  the  city. 

450.  The  Praefectus  Vigilum.  The  provision  which 
had  been  made  under  the  republic  for  the  extinction  of 
fires  having  proved  utterly  inadequate,  in  a.d.  6  Augustus 
organized  seven  cohorts  of  1000  to  1200  men  each,  charged 
with  this  duty.     This  body  of  men  was  also  used  as  a  police 


36S  IMli;klAl.    I'KKIUIJ;    DKSCKH'TIVE 

force  to  i)rotccl  the  city  al  night,  and,  therefore,  cooperated 
with  the  cohortcs  urbanac  in  maintaining  order.  It  was  in 
charge  of  the  pracfectus  vigilitni,  who,  Hke  the  city  prefect, 
acqnired  criminal  jurisdiction,  but  in  his  judicial  capacity 
he  was  subordinate  to  the  praefcctiis  urbi.  Since  the 
vigiles  were  usually  freedmen,  and  were  commanded  by 
an  officer  who  held  only  the  etjuestrian  rank,  they  exer- 
cised for  less  ])olitical  influence  than  the  praetorian  or  urban 
cohorts. 

451.  The  Praefectus  Annonae.  To  supply  grain  to  the 
city  without  interruption  was  a  matter  of  so  great  econom- 
ical and  political  importance  that  a  special  department  of 
the  government  with  numerous  officials  was  established  to 
arrange  for  it  (cf.  p.  355).  Upon  this  bureau,  which  was 
in  charge  of  an  official  known  as  the  praefectus  annonae^ 
devolved  the  duty  of  maintaining  a  general  supervision  of 
the  sources  of  supply  in  the  provinces,  of  the  transpor- 
tation of  grain  to  Rome,  and  of  its  distribution  to  the 
needy.  Incidental  to  its  duties  also  were  the  maintenance 
of  suitable  ports  of  entry  and  the  control  of  the  provision 
markets  in  Rome.  The  prefect  in  charge  had  civil  and 
criminal  jurisdiction  over  certain  cases  arising  in  commercial 
transactions. 

452.  The  Commissioners  Having  Charge  of  Aqueducts, 
Buildings,  and  Sewers.  The  three  boards  which  supcrviscil 
the  aqueducts,  public  buildings,  and  sewers  formed,  with 
the  commission  to  which  Italian  roads  were  intrusted,  a 
college  whose  members  were  of  senatorial  rank  and  were 
appointed  by  the  emperor  for  an  indefinite  period.  The 
ciiratores  at/uanim  were  three  in  number,  and  took  over 
the  aqueduct  system  as  Agrippa  left  it  at  his  death.  From 
the  time  of  Claudius  they  were  assisted  by  a  freedman  or 
knight  appointed  by  the  emjieror  and  bearing  the  title  of 


OFFICIALS    FOR    ITALY  369 

procurator   aquarum.     The    curatorcs  operiim  puhlicoruvi 

had  nothing  to  do  with  the  construction  of  new  buildings. 

The  emperor  took  charge  of  that  matter  himself,  and  met 

the  attendant  expenses  from  the  spoils  of  war,  from  private    Mon.  Ancyr 

contributions,  and  from  sums  appropriated  by  the  senate   '*'    '  '^^^' 

for    the    purpose.     The    commissioners    mentioned   above 

took  upon  themselves  only  the  function,  which  the  aediles 

had    formerly    exercised,   of  keeping   public    buildings   in 

repair.     The    duties   of    the    curatores    alvei  et   riparum 

Tibe?'is  et  doacarum  iirbis  have   been  mentioned  already 

(cf.  p.  355). 

(e)  Imperial  Officers  in  Italy 

453.  Imperial  Administration  of  Italy.  The  system  of 
local  government  adopted  in  the  municipia  throughout 
Italy  has  been  briefly  discussed  in  another  connection 
(cf.  pp.  299  f.),  so  that  we  are  concerned  here  only 
with  the  administrative  officials  appointed  to  represent 
the  central  government.  Augustus  divided  Italy  outside 
of  Rome  into  eleven  regiones,  although  these  territorial 
sections  do  not  seem  to  have  been  the  units  adopted  for 
administrative  purposes  in  all  cases,  as  we  should  expect 
them  to  have  been.  The  principal  matters  of  business  of 
which  the  central  government  took  partial  or  complete 
charge  were  the  management  of  the  roads,  the  control  of 
the  alimentatio,  the  supervision  of  local  finances  and  of 
the  civil  and  criminal  courts. 

454-  The  Cura  Viarum.  The  cura  viariim  came  into 
the  hands  of  imperial  officers  in  20  B.C.  Each  of  the  great 
roads  was  put  in  charge  for  an  indefinite  period  of  a 
curator  of  senatorial  rank,  selected  by  the  emperor.  It 
was  his  duty  to  keep  the  road  in  good  condition  and  Tac.  Ann. 
to    protect   public    property  connected   with    it    from    the    59. 15;  60. 17 


370  IMl'KKIAL    I'KRIOD:    DKSCRIl'TIVE 

encToachiiK'iU  of   individuals.      Branch   roads  were    in   the 
care  of  procuratorcs  of  eciueslrian  rank. 

455.  The  Cura  Alimentorum.  Possibly  Domitian  estab- 
lished the  cura  alimentorum,  but  more  ])robably  it  dates 
from  the  reigns  of  Ner\a  and  Trajan  (cf.  pp.  323  f.), 
who  established  foundations,  from  the  interest  of  which 
gratuities  in  the  form  of  money  or  grain  were  given  each 
month  to  a  selected  number  of  children  of  free  birth.  The 
immediate  management  of  the  funds  set  aside  for  the  pur- 
pose, and  the  distribution  of  the  monthly  allowance,  were 
in  the  hands  of  municipal  officials ;  but  a  general  super- 
vision of  the  matter  was  confided  to  ^  pracfcctus  ox  ^  procu- 
rator for  each  district,  with  perha])s  a  single  praefcctus 
alimentorum  in  charge  of  the  whole  department.  The 
money  which  the  state  appropriated  was  in  many  cases 
supplemented  by  the  gifts  of  public-spirited  citizens. 

456.  Supervision  of  Municipal  Finances.  It  was  Trajan 
also  who  introduced  the  practice  of  bringing  municipal 
finances  under  imperial  supervision.  He  and  his  successors 
appointed  for  the  municipaUties  curatores  of  senatorial  or 
equestrian  rank,  whose  duty  it  was  to  audit  the  town 
accounts,  and  whose  consent  must  be  obtained  before  a 
town  could  contract  a  new  debt  or  sell  public  property. 
It  is  not  clear  whether  one  of  these  officials  was  appointed 
for  each  Italian  town  or  only  when  imperial  supervision 
seemed  desirable. 

457.  luridici.  The  establishment  of  ilistrict  courts,  to 
use  a  modern  term,  dates  from  the  reign  of  Hadrian  (cf. 
p.  318).  The  institution  was  not  kept  up  by  Antoninus 
Pius,  but  was  restored  by  M.  Aurelius.  The  judges  were  of 
senatorial  rank  and  bore  the  title  of  iuriilici.  Ultimately, 
as  we  have  already  seen  (p.  355),  Italy  lost  entirely  its 
exceptional  jjosition  and  sank  to  the  level  of  the  provinces. 


OFFICIALS    FOR   THE    PROVINCES  3/1 

(/)  Imperial  Officers  in  the  Provinces 

458.  Imperial  Control  of  the  Provinces.  The  control 
which  the  emperor  exercised  over  imperial  provinces  was 
supreme.  The  senate  nominally  supervised  the  govern- 
ment of  senatorial  provinces,  but  the  mams  imperiiun  of 
the  emperor,  and  his  exalted  position,  led  senatorial  gov- 
ernors to  turn  to  him  for  advice  and  instructions.  Further- 
more, even  in  the  senatorial  provinces  certain  administrative 
departments,  for  instance  those  which  had  to  do  with  public 
roads,  the  post,  and  some  branches  of  the  financial  system, 
were  managed  in  the  name  of  the  emperor.  Only  in  the 
case  of  the  finances,  however,  did  the  emperor  have  a  per- 
sonal representative,  styled  a  procurator,  in  the  senatorial  Uio,  53.  15 
provinces. 

459.  Limitations  and  Extensions  of  the  Power  of  Imperial 
Officers.  The  general  system  of  government  in  the  prov- 
inces, and  the  limits  put  on  the  jurisdiction  of  governors 
in  civil  and  criminal  cases,  have  been  discussed  elsewhere 
(cf.  pp.  284  f.,  346  f.,  348  f.),  so  that  it  only  remains  for  us 
to  mention  certain  factors  which  tended  to  curtail  in  some 
respects,  and  to  extend  in  other  ways,  the  power  of  the 
emperor's  representatives.  In  general  it  may  be  said  that, 
as  time  went  on,  the  cause  of  local  self-government  lost, 
while  the  rights  of  a  province  as  a  province  increased. 
The  towns  and  cities  lost  their  independence  in  some 
measure,  because  they,  like  the  municipalities  in  Italy 
(cf.  p.  370),  were  required  from  an  early  period  to  submit 
to  the  supervision  of  imperial  curatores  in  financial  matters. 
On  the  other  hand,  the  autocratic  power  of  the  governor 
was  lessened,  and  the  province  gained  to  some  extent,  by 
the  more  direct  control  which  the  emperor  assumed,  and 
by  the  development  of  provincial  assemblies.     The  strict 


372  IMrKKlAI.    PKRIUI):    DESCRII'TI VE 

accountaliility  to  which  governors  were  heltl  naturally  made 
them  hesitate  about  taking  responsibility  in  important  mat- 
ters, and,  when  the  practice  of  referring  ([uestions  to  the 
emperor  was  once  adopted  (cf.  p.  301),  it  must  have  devel- 
oped rapidly.  The  inevitable  result  of  it,  however,  was  to 
take  from  a  governor  the  right  of  initiative  in  important 
matters.  The  development  of  the  provincial  assemblies 
(cf.  p.  302)  must  have  restricted  the  power  of  governors 
Marq.  St.         still  further.     All,  or  almost  all,  the  provinces  had  concilia 

Verw.  I.  ...  ,     ,  .  .  , 

503  ff.  whose  right  to  send  deputations  or  petitions  to  the  emperor, 

Tac.  Ann.  without  consulting  the  governor,  came  to  be  freely  recog- 
Ep.  3. '4.  2.  nized.  The  independent  existence  of  the  assembly  was 
Dig.  47. 14. 1,  recognized  by  the  emperor  in  the  fact  also  that  his  reply 
was  sent  directly  to  it.  The  possibility  which  every  gov- 
ernor had  to  face,  of  seeing  a  document  criticising  his  con- 
duct sent  to  the  emperor  at  the  close  of  his  term  of  office, 
must  have  exercised  a  wholesome  restraining  influence  on 
his  administration. 

Selected  Bibliography' 

W.  T.  Arnold,  The   Roman   System  of   Provincial  Administration. 

London,  1879. 
Cagnat,  Les  impots  indirects.     Paris,  18S2. 
Carette,  Les  assemblees  provinciales  de  la  Gaule  romaine.     Paris, 

1895- 
E.  Cuq,  Le  conseil  des  empereurs  d'Auguste  a  Diocletian.     Paris, 

1884. 
P.  Guiraud,  Les  assemblees  prov.  dans  I'empire  rom.     Paris,  1887. 
Cyprian  Halgan,  Essai  sur  I'administration  des  provinces  senato- 

rialas.     Paris,  1898. 
O.  Hirschfeld,   Untarsuchungen   auf  dem   Gebiete  d.  riim.  Verwal- 

tungsgeschichte,  Kd.  L     Berlin,  1877. 
O.  Hirschfeld,  Das  aerarium  militare,  N.  Jahrb.  f.  Philol.  XCVII 

(1868),  pp.  683-697. 

'  See  also  bibliography  on  pp.  173,  288,  304,  316,  328,  358. 


OFFICIALS    FOR   THE    PROVINCES  373 

O.  Hirschfeld,  Die  Getreideverwaltung  der  rom.  Kaiserzeit,  Philol. 

XXIX,  pp.  1-96. 
E.  Klebs,  Zur  Entwicklung  d.  kaiserl.  Stadtprafektur,  Rhein.  Mus. 

(N.F.),  XLII,  pp.  164-17S. 
Klein,  Die  Verwaltungsbeamten  der  Provinzen  des  rom.  Reichs  bis 

auf  Diocletian.     Bonn,  1878. 
G.   Kretschmar,   Das   Beamtentum    der  rom.    Kaiserzeit.     Giessen, 

1879. 

W.  Liebenam,  Forschungen  zur  Verwaltungsgeschichte  des  rom. 
Kaiserreichs,  Bd.  I.     Leipzig,  1888. 

W.  Liebenam,  Die  Laufbahn  der  Prokuratoren.     Jena,  1886. 

W.  Liebenam,  Beitriige  zur  Verwaltungsgeschichte  d.  rom.  Kaiser- 
reichs.    Jena,  1886. 

W.  Liebenam,  Stadteverwaltung  im  romischen  Kaiserreiche.  Leip- 
zig, 1900. 

J.  Marquardt,  Romische  Staatsverwaltung,  2te  Aufl.,  3  vols.  Leipzig, 
1881-5. 

Th.  Mommsen,  Die  diocletianische  Reichspriifectur,  Hermes,  XXXVI 
(1901),  pp.  201-218. 

W.  Schurz,  De  mutationibus  in  imp.  Rom.  ordinando  ab  imp.  Hadr. 
factis.     Bonn,  1883. 

Supplementary  Literature,   1901-1910 

Arnold-Shuckburgh,  The  Roman  System  of  Provincial  Administra- 
tion.    Oxford,  1906. 

Hirschfeld,  Die  kaiserlichen  Vei"waltungsbeamten  bis  auf  Diocletian. 
Berlin,  1905. 

Borghesi,  CEuvres  completes,  Tome  dixieme :  Les  prefets  du  pre- 
toire.     Paris,  1897. 

Heisterbergk,  Provincia.     Philologus,  LI  (1890),  629-644. 

Arnold,  Studies  of  Roman  Imperialism.     London,  1906. 

Rostowzew,  Geschichte  der  Staatspacht  in  der  romischen  Kaiserzeit 
bis  Diocletian.      Leipzig,  1902. 

Vigneaux,  Essai  sur  I'histoire  de  la  praefectura  urbis  a  Rome.  Paris, 
1896. 

Graham,  Roman  Africa.     London,  1902. 

Chapot,  La  province  romaine  proconsulaire  d'Asie.     Paris,  1904. 


Tac.  Ann. 

3.  29;  1 
Quint. 

15-28; 

12.  h.  I 

J 

Oio,  52 

.   20. 

CHAPTER    XIX 

THE   MAGISTRACIES 

(a)    Tltc  Magistracies  itt   General 

460.  The  Cursus  Honorum.  In  the  election  and  ap- 
pointment of  citizens  to  official  positions  under  the  empire, 
the  division  of  society  into  the  senatorial  order,  the  eques- 
trian order,  and  the  plebs  was  strictly  obser\'ed,  and  corre- 
sponding to  these  three  classes  there  were  three  careers  of 
official  service,  known  as  the  cursus  honorum.  To  citizens 
of  senatorial  rank  were  assigned,  along  with  certain  impor- 
tant imperial  offices,  all  the  old  republican  magistracies. 
The  full  cursus  hotiorum  for  men  of  this  class,  leaving  out 
of  consideration  the  appointive  offices,  comprised  member- 
ship in  the  college  of  the  XX  viri,  the  position  of  tribunus 
inilitmn,  the  quaestorship,  the  aedileship,  the  tribunate  of 
the  plebs,  the  praetorship,  and  the  consulship.  Before  the 
Flavian  period  the  military  tribunate  could  be  held  before 
or  after  the  vigintivirate,  but  after  that  time  it  took  invari- 
ably the  second  place. 

461.  Conditions  of  Eligibility.  The  conditions  of  eligi- 
bility to  the  vigintivirate  were  senatorial  rank  and  the 
attainment  of  manhood,  as  indicated  by  the  assumption 
of  the  toga  virilis.  The  office  was,  therefore,  open  to  the 
sons  of  senators,  and  to  those  whom  the  emperor  had  raised 
to  the  senatorial  rank.  The  senatorial  census  (cf.  p.  381) 
was  of  course  recpiired  in  both  cases.  For  the  quaestor- 
ship   a    candidate    was    required    to    have    completed    his 

374 


CONDITION    OF   THE    MAGISTRACIES  3/5 

twenty-fourth  year  and  to  have  held  the  offices  mentioned. 
An  interval  of  a  year  must  elapse  between  the  quaestor- 
ship  and  the  tribunate  of  the  plebs  or  the  aedileship,  and   St.  R.  I.  535. 
another  year  before  the  praetorship  could  be  held.     Patri- 
cians could  pass  directly  from  the  quaestorship  to  the  prae-   St.  R.  1. 555, 
torship,  although  the  minimum  age  requirement  of  thirty     '  ^' 
years  for  the  praetorship  took  away  the  advantage  which   Dio,  52.  20. 
they  would  otherwise  have  had  over  the  plebeians.    An  inter- 
val of  two  years  was  required  between  the  praetorship  and 
the  consulship,  which  practically  fixed  the  age  requirement   St.  R.  i.  528, 
for  the  consulship  at  thirty-three.     Candidates  were  eligible 
to  the  same  office  again  after  a  short  interval,  and  it  was 
not  illegal  to  hold  a  magistracy  and  an  imperial  office  at  the 
same  time.     From  the  restrictions  mentioned  above  candi- 
dates for  office  could  be  relieved  by  the  emperor,  and  fathers   Piin.  Ep. 
of  families  were  regularly  given  precedence  over  others.  ^'  ^ 

462.  Nomination ;  Election ;  Term  of  Office.  The  formaH- 
ties  attending  nomination  were  like  those  under  the  republic, 
except  that  the  emperor  exercised  the  right  of  nomination 
(cf.  pp.  275  f.,  351).  From  the  reign  of  Tiberius  magis- 
trates were  elected  in  the  senate.  The  term  of  office  con- 
tinued to  be  a  year,  except  in  the  case  of  the  consulship. 

463.  Loss  of  Dignity  and  Power.  The  magistracies 
suffered,  of  course,  a  serious  loss  of  dignity  and  real  power. 
Since  the  emperor's  power  to  nominate  candidates  for  office 
counted  for  so  much,  a  citizen's  poHtical  future  depended 
on  imperial  favor,  and  when  he  was  elected  he  could  not 
hope  to  exercise  freely  the  traditional  functions  of  his  office 
with  the  emperor,  or  an  appointee  of  the  emperor,  as  his 
colleague.  Furthermore,  the  powers  of  the  several  magis- 
trates were  seriously  curtailed  by  law,  as  we  have  already 
seen,  and  by  the  assignment  of  magisterial  functions  to 
imperial  procurators  and  prefects. 


376  IMPERIAL    PERIOD:    DESCRIPTIVE 

(/;)    Tlie  Several  Magistracies 

464.  The  Consul.  'I'he  most  significant  formal  change 
which  the  consulship  exjjerienced  under  the  empire  was 
the  shortening  of  the  term  of  office.     Up  to  the  death  of 

Herz.  II.         Nero  the  term  was  usually  one  of  six  months ;  after  that 

^  '  "■  -^^         date   ordinarily  of  two  or   four  months.     The  purpose  of 

the  change   was   to   lessen   the   importance  of    the   office. 

St.  R.I.  588  f.  The  election  of  the  first  pair  of  consuls  for  a  given  year, 
known  as  consules  ordinarii,  usually  took  place  in  the 
autumn  of  the  preceding  year.  The  consules  suffedi  were 
commonly  chosen  at  the  beginning  of  the  year  during 
which  they  were  to  serve.  Official  documents  were  still 
dated  by  mentioning  the  consuls  of  the  year  in  question, 
but  the  names  of  the  consules  ordinarii  were  usually  selected 
for  the  purpose.  This  gave  them  a  certain  prestige  over 
the  consules  suffedi. 

The  principal  functions  of  the  consul  consisted  in  pre- 
siding over  the  senate,  in  exercising  judicial  powers  in 
certain  cases,  and  in  taking  charge  of  the  ludi  circenses  and 
other  public  games.  The  senate  under  the  early  empire 
had  nominal  charge  of  Rome,  Italy,  and  the  senatorial 
provinces,  and  the  importance  of  the  consulship  depended 
largely  on  the  success  which  the  senate  had  in  making 
good  its  constitutional  rights  within  these  limits  —  and  its 
success  in  this  matter  varied  from  reign  to  reign.  The 
criminal  jurisdiction  and,  to  some  extent,  the  civil  juris- 
diction of  the  consul  were  exercised  by  him  in  conjunction 
with  the  senate.     Apart  from  that  body,  however,  he  heard 

Suet.  Claud,     certain  important  classes  of  civil  cases,  assigned  to  him  by 

2\\  Instit.  .1 

lust.  2.  23.  I.    the  emperor. 

465.  The  Praetor.  Julius  Caesar  had  raised  the  number 
of  praetors  to  si.\teen  (rf.  p.  137).     Augustus  reduced  it  to 


THE    SEVERAL    MAGISTRACIES  377 

twelve,  but  under  succeeding  emperors  it  was  raised  until 
it  reached  its  maximum,  eighteen,  under  Claudius.  The 
praetor  urbanus  still  took  precedence  over  his  colleagues. 
Next  him  came  the  praetor  peregrinns.  The  encroach- 
ment of  the  emperor  and  of  his  officials,  however,  on  the 
prerogatives  of  the  city  praetor  greatly  diminished  the 
importance  of  his  position.  The  significance  of  the  office 
of  the  praetor  peregrinus  was  taken  away  in  large  measure 
by  Caracalla's  edict.  The  powers  of  the  whole  college  of 
praetors  were  seriously  abridged  also  by  the  pubHcation  of 
Hadrian's  edictimi  perpetimm  (cf.  p.  318),  which  robbed 
them  of  the  right  to  issue  their  annual  edicts,  by  the  assign- 
ment of  certain  civil  cases  to  the  consuls  (cf.  p.  376),  and 
by  the  appointment  of  district  judges  for  Italy  (cf.  p.  318). 
A  partial  compensation  for  these  losses  may  be  found  in 
the  fact  that  the  supervision  of  certain  public  games  was  Dio,  i;4.  2; 
given  to  them,  and,  for  a  time,  the  administration  of  the  j.jj.  1.77, 
aerarium  Saturni  {ci.  p.  365).  Their  principal  function, 
that  of  presiding 'over  the  quaestio  perpetua,  was  lost  when 
that  court  disappeared  in  the  second  or  third  century 
(cf.  p.  349). 

466.    The  Censor.     The  censorship,  as  a  republican  insti- 
tution, came  to  an  end  in  22  B.C.     In  that  year  the  office 
was  held  by  P.  Aemihus  Lepidus  and  L.  Munatius  Plancus,   veil.  2.  95. 
although   the  census  was  not  completed.     Claudius,  with 
his  fondness  for  tradition,  attempted  to  revive  the  office  by 
having  himself  and  L.  Vitellius  made  censors  in  the  year  47  ;    Nipperdey  on 
but  the  precedent  was  not  followed.     This  seems  to  have    u^'^i -'.""' 
been  the  last  effort  made  to  treat  the  office  as  a  separate 
magistracy.     In  all  other  cases  its  functions  were  apparently 
exercised  by  the  emperor  alone,  or  by  the  emperor  in  con- 
junction with  some  other  member  of  the  imperial  family. 
Thus,  in  8  B.C.  Augustus  took  the  census  alone,  in  a.d.  14 


378  IMl'KKIAl.    PERIOD:    DKSC'Rl  ITl  VK 

with  Tiberius,  while  in  a.d.  73-4  Vespasian  and  Titus 
cooperated  in  taking  it.  In  the  year  84  Domitian  took 
the  censorial  power  for  life  (p.  310).  'I'he  duties  of  the 
office  (cf.  pp.  191  f.),  as  exercised  by  the  emperors,  consisted 
in  the  assessment  of  property  and  in  drawing  uj)  the  lists  of 
senators  and  knights.  The  management  of  finances  was,  in 
large  measure,  assigned  to  certain  commissions  and  imperial 
officers,  as  we  ha\c  already  seen  (cf.  pj).  354,  365  f.,  369). 

467.  The  Aedile.  Julius  Caesar  had  increased  the 
number  of  aediles  to  six,  assigning  to  the  new  members 
of  the  college  supervision  of  the  grain  supply  (cf.  p.  137), 
but  during  the  reign  of  Augustus  this  function  was  turned 
over  to  a  board  of  commissioners  (cf.  pp.  355,  368).  The 
aediles  lost  the  aira  ludorutn  also  (cf.  p.  377),  and  their 
right  to  maintain  order  in  the  city  was  in  large  measure 
relinquished  in  favor  of  the  praefectus  vigi/um  and  the 
praifcctus  iirhi  (cf.  pp.  367-8).  There  is  no  mention  of 
the  office  later  than  the  middle  of  the  third  century. 

468.  The  Tribune.  The  tribune  retained  under  the 
emjjire  his  sacrosanct  character,  his  ins  auxilii  and  ins 
intcrcessionis,  his  right  to  summon  the  senate  and  ])robably 
the  i)opular  assem])ly  also.  But  these  were  formal  powers 
with  little  meaning.  Thus,  for  instance,  his  action  could 
be  vetoed  by  the  emperor,  but  he  could  not  interfere  with 
the  emperor  (cf.  p.  357).  Mis  right  to  summon  the  i)Opulai 
assembly  was  of  little  importance  because  of  the  decadence 
of  that  body.  What  little  significance  the  office  had  lay 
in  the  fact  that  the  tribune  (  ould  veto  the  action  of  the 
senate,  protect  citizens  in  the  courts,  and  impose  fines  in 
certain  cases. 

469.  The  Quaestor.  Augustus  seems  to  have  reduced  the 
ntunber  of  cjuaestors  from  forty  to  twenty.  The  college  was 
divided  into  two  sections,  one  consisting  of  the  jjrovincial 


THE    SEVERAL    MAGISTRACIES  379 

quaestors,  and  the  other  of  those  whose  functions  kept 
them  in  Rome.  A  quaestor  Avas  assigned  to  each  one  of 
the  eleven  senatorial  provinces,  except  that  two  were  sent 
to  Sicily.  Of  the  eight  remaining  members  of  the  college, 
two  were  quaestores  urbafii  and  two  were  assigned  to  each 
of  the  consuls  and  to  the  emperor.  In  the  provinces  the 
quaestor,  who  bore  the  title  quaestor  pro  praetore,  repre- 
sented the  aerarium  Satiirni^  and  exercised  the  juris- 
diction which  had  traditionally  belonged  to  his  office 
(pp.  208-209).  The  quaestores  urbani  ha.^  charge  of  the 
aerarium  for  a  time,  but  this  was  taken  from  them  in  the 
year  56  (cf.  p.  365).  Thereafter  their  principal  duty  con- 
sisted in  caring  for  the  decrees  of  the  senate.  The  two  Dio,  54.  36. 
quaestors  selected  by  the  emperor  acted  as  his  secretaries  Tac.  Ann. 
in  laying  matters  before  the  senate.  The  four  quaestors  '  '  ^^' 
assigned  to  the  consuls  were  subordinates  in  the  service  of 
those  officials. 

470.  The  XX  Viri  and  Extraordinary  Magistrates.  The 
college  of  IIII praefecti  Capuam  Cumas  (cf.  p.  210),  and 
that  made  up  of  the  //  viri  viis  extra  urbem  purgandis, 
were  abolished  under  the  empire,  and  the  four  remaining 
groups  were  consolidated  into  a  single  college  known  as 
the  vigintivirate.  The  X  viri  stUtibus  iudicandis,  from  the 
time  of  Augustus,  presided  in  the  centumviral  court  (cf. 
p.  364).  The  ///  viri  monetales  had  charge  of  senatorial 
coinage  only  (cf.  p.  354).  The  functions  of  the  ///  viri 
capitales  were  seriously  abridged  by  the  establishment  of 
the  praefectura  vigilum.  Otherwise  the  duties  of  the 
members  of  these  groups  of  officials  were  unchanged. 
Some  significance  was  given  to  these  offices,  however,  by 
the  fact  that  they  were  made  the  first  step  in  the  cursus  „  . 
hofwrum   (cf.  p.   374).     Of   the  extraordinary  republican   6.  n;  Wilm. 

/    r  rr  \  t  r     ,  ,-  Ex.  Inscr. 

magistracies   (cf.  pp.  211  ft.),  we   hear  of  the  praefectus   1122. 


3S0  IMPERIAL    PERIOD:    DESCRIPTIVE 

nrbi  feriarum  Latinarum,  of  pracfccti  fntmcnti  dandi 
ex  s.  c,  and  occasionally  of  special  commissioners  sent  out 
by  the  senate. 

Selected  Bihliograi'hv  ' 

Julius  Asbach,  Zur  Geschichte  des  Konsulats  in  d.  rom.  Kaiserzeit, 

Ilistor.  Untersuchungen,  etc.,  pp.  190-217.     Bonn,  1SS2. 
J.  Centerwall,  Quae  publica  officia  ante  quaesturam  geri  solita  sint 

temporiljus  imperatorum.      Upsala,  1874. 
Chambalu,  De  magistratibus  Flaviorum.     Bonn,  1882. 
GoU,  Ueber  d.  rom.  Censur  zur  Zeit  ihres  Untergangs.     Schleiz,  1S59. 
GoU,    Das    Volkstribunat    in    d.    Kaiserzeit,    Rhein.    Mus.    (N.?'.), 

XIII.  Ill  ff. 
Henzen,  De    nundinis    consularibus    aetatis    imperatoria;-,  Ephem. 

Epig.  I.  1S7-199. 
Lenel,  Das  Edictum  perpetuum.     Leipzig,  1883. 

'  See  also  bibliography  on  pp.  173,  219,  288,  304,  316,  32S,  358. 


CHAPTER   XX 

THE   SENATE 

(fl)    Composition  of  the  Senate 

471.  Size  of  the  Senate.  On  at  least  three  different 
occasions,  as  he  himself  tells  us  {Mon.  Ancyr.  II,  1.  2), 
Augustus  revised  the  list  of  senators.  As  a  result  of  these 
revisions,    the    membership    was    reduced    from    900    (cf. 

p.  137)  to  600,  which  was  accepted  as  the  normal  number   Dio,  54.  131 
under  the  empire.     In  drawing  up  his  lists  Augustus  also 
took  occasion  to  exclude  many  men  of  low  birth,  whom   suet.  Aug.  3. 
Julius  Caesar  had  admitted.     In  this  way  he  restored  the      ''''  ^^'  '^'^' 
aristocratic  character  of  the  senate. 

472.  Admission  to  the  Senate.  The  conditions  of  eligi- 
bility to  membership  in  the  senate  included  citizenship  and 

free  birth,  an  acceptable  reputation,  and  property  rated  at   010,54. 17; 
1,000,000  sesterces.     By  those  who  fulfilled  these  condi-    ,7.  'suet. 
tions  admission  to  the   senate   could   be   had  by  securing  ^"S-  4i- 
election  to  the  quaestorship.     Inasmuch  as  the  magistracies 
were  open  only  to  those  of  senatorial  rank,  that  is,  to  the 
sons  of  senators  (cf.  p.  374),  the  senate  became  a  close 
corporation.     The  emperor  could,  however,  at  his  discretion 
grant  to  men  not  of  senatorial  rank,  who  had  the  necessary 
property,   the   right    to   wear   the   latus   clavus,  or  broad 
purple  stripe  on  the  tunic.     This  entitled  them  to  become 
candidates  for   a    magistracy  with    the    prospect    later  of 
entering  the  senate.     Furthermore,  citizens  with  a  fortune 
of  1,000,000   sesterces,  who   had   not   held  a  magistracy, 

3S1 


382  IMPERIAL    PERIOD:    DESCRIPTIVE 

were  from  time  to  time  admitted  to  the  senate  by  adledio 
(cf.  p.  354). 

473.  The  Album  Senatorium.  From  9  n.c.  on,  the  album 
senatorium,  or  official  list  of  senators,  was  revised  each  year. 
The  names  of  those  who  had  held  a  magistracy  since  the 
last  revision,  and  of  those  chosen  by  the  method  of  adkctio, 
were  added  to  the  old  list,  while  those  whose  property  had 
fallen  below  the  required  minimum,  and  those  who  had 
been  convicted  of  an  offense  against  the  laws,  were  excluded 
from  the  senate.  In  the  list  the  names  were  arranged  in 
the  order  of  official  rank.  After  the  emperor's  name  came 
those  of  the  consulares,  then  the  praetorii,  etc.  Those  who 
had  held  a  given  magistracy  more  than  once  ranked  higher 
in  dignity  than  those  who  had  held  it  once  only.  No 
distinction  was  made  between  ex-consuls  who  had  been 
consules  ordinarii  and  those  who  had  been  suffecti.  Up  to 
the  time  of  Pertinax  those  who  were  assigned  to  a  given 
group  by  adlcctio  were  of  equal  rank  with  those  who  had 
attained  the  position  in  question  by  virtue  of  having  held  a 
magistracy. 

(6)  Meetings  of  the  Senate 

474.  The  Presidency  of  the  Senate.  The  magistrates 
who  had  the  ius  cum  patribus  agcndi  imder  the  republic 
(cf.  p.  225)  exercised  that  right  under  the  empire  also. 
Of  course  the  offices  of  dictator,  master  of  the  horse,  and 
interrex  had  disappeared,  so  that  they  do  not  come  into 
consideration.  Whether  the  city  prefect  had  the  theoret- 
ical right  to  convoke  the  senate  or  not  is  a  matter  of  no 
moment.  He  would  scarcely  have  exercised  it,  except 
during  the  absence  of  the  other  qualified  officials,  and  such 
a  contingency  could  not  arise.  It  is  also  probably  true 
that  the  tribune  rarely  made   use  of  this  privilege.     The 


MEETINGS    OP^   THE    SENATE  383 

prhiceps  took  precedence  of  all  the  magistrates  in  calling 
the  senate  together,  and  even  when  that  body  had  been 
convoked  by  a  magistrate,  a  place  of  honor  was  given  to 
him  between  the  two  consuls,  or  on  the  tribunes'  bench. 

475.  The  Place  and  Time  of  Meeting.  The  ordinary 
place  of  meeting  was  the  curia  lulia.  Except  during  the 
months  of  September  and  October,  stated  meetings  were 

held  on  the  Kalends  and  Ides    of  each  month.     Otherwise   Suet.  Aug. 
the  senate  met  at  the  call  of  the  qualified  official.  cc.'^.  '°' 

476.  A  Quorum.  The  attendance  of  senators  was 
required,  but  the   efforts  made  to  enforce  this  regulation 

were   not  effective.     In    the    early    part    of   the   reign  of  Dio,  54.  iS; 

Augustus- a  quorum  was  fixed  at  400  members,  but  later  it  i6!'^2. "" 

was  found  necessary  to  reduce   this  number  and  not  to  Dio,  54. 35 ; 

require  a  quorum  for  action  on  unimportant  matters.  ^^'  ^' 

477.  The  Transaction    of   Business.     The    purpose   for 

which  the  senate  was  convoked  was  indicated  only  in  a   Tac.  Ann. 
general  way  in  the  call  which  was  issued.     The  subjects    ^'  ^' 
to  be  considered  were  laid  before  the  meeting  by  the  pre- 
siding officer.     Individual  senators  still  lacked  theoretically 
the  right  to  introduce  new  business,  but  in  discussing  a 
matter  laid  before  them  they  were  allowed,  as  under  the 
republic,  to  introduce  extraneous  questions,  and  to  ask  for   Tac.  Ann. 
action  by  the  senate.     Senators  were  asked  their  opinions   ^'  '^' 
in    the    traditional    order   (cf.    p.    224),    except    that    the    Tac.  Ann. 
emperor  gave  his  views  first,  or,  if  he  chose,  last.     During    ''  '''^' 
some    reigns   at    least,    when    the    emperor   presided,   the 
magistrates  in  office  were  also  called  upon  in  the  group   Tac.  Ann 
to  which  they  belonged.     As  we  have  already  had  occasion   ^' '''" 
to  notice  (p.  350),  the  business  of  the  emperor,  whether 
he  was  present  or  not,  took  precedence,  within  certain 
limits,  of  all  other  matters.     In  any  case  the  prmceps  con- 
trolled the  discussion  and  the  action  of  the  senate,  and  a 


384  IMPERIAL    PERIOD:    DESCRIPTIVE 

senator  could  indicate  his  disai)proval  of  a  measure  only 
by  staying  away  from  the  meeting  when  the  bill  in  question 
was  to  be  presented.  The  discessio  was  the  accepted 
method  of  voting,  even  upon  candidates  for  the  magis- 
tracies. Trajan  introduced  the  secret  ballot  for  the  latter 
purpose,  but  the  new  arrangement  did  not  become  perma- 
nent. It  was  the  duty  of  the  presiding  officer  to  appoint  a 
committee  for  the  formulation  of  each  motion,  and  decrees 
which  were  intended  for  the  public  eye  were  engraved  on 
bronze  tablets.  One  of  the  quaestors,  appointed  for  the 
purpose  by  the  emperor,  and  known  as  ab  actis  scnatus, 
l)repared  for  the  archives  the  acta  senatus,  or  proceedings 
of  the  senate,  which  comprised  the  senatus  consnlta,  official 
documents  submitted  to  the  senate,  and  the  speeches  made 
by  leading  senators.  From  these  records  such  extracts  as 
Fiin.  Pan.  75.   the  Senate  selected  were  published  in  the  acta  diurna. 

{c)  The  Powers  of  the  Senate 

478.  The  Senate  and  the  Princeps.  In  the  last  years 
of  the  republic,  and  in  the  period  of  transition  from  the 
republic  to  the  dyarchy,  the  senate  had  been  reduced  to 
the  position  which  it  theoretically  held  under  the  consti- 
tution, viz.,  that  of  an  advisory  body.  Under  the  new 
regime  its  formal  powers  were  much  greater  and  more 
explicitly  recognized.  It  became  a  legislative,  a  judicial, 
and  an  electoral  body.  Its  real  influence  over  affairs  had 
always  depended,  however,  not  on  the  powers  which  it 
had  received  when  the  state  was  organized,  but  on  the 
measure  of  control  which  it  was  able  to  exercise  over  the 
magistrates  and  over  the  resources  of  the  commonwealth. 
This  was  still  the  case  under  the  empire.  Bearing  this  fact 
in  mind,  it  is  easy  to  understand  how  a  formal  extension 


POWERS    OF    THE    SENATE  385 

of  the  powers  of  the  senate  by  Augustus  and  Tiberius  could 
take  place  simultaneously  with  a  real  loss  of  influence. 
The  fact  that  the  pr-inceps  held  his  position  for  life  freed 
him  from  the  influences  which  had  made  the  consul  amen- 
able to  it  (cf.  pp.  67  f.).  Furthermore,  it  lost  outright  the 
management  of  foreign  affairs,  the  control  of  the  army  and 
navy  (pp.  237  ff.,  345  f.),  the  government  of  the  important 
provinces  (pp.  283  ff.),  and  consequently  in  large  measure 
the  management  of  the  finances. 

479.  The  Senate  as  a  Legislative  Body.     The  decadence 
of  the  comitia  made  the  senate  the  sole  legislative  body  in 
the   state.     Senatus  consulta    had    the  force   of   law,   and 
touched  every  field  of  public  activity,  subject  to  the  limita-    Suet.  Tib. 
tions  mentioned  in  the  preceding  paragraph.     The  business 

which  required  the  greatest  share  of  its  attention  was  the 
financial  management  and  the  administration  of  Rome, 
Italy,  and  the  senatorial  provinces.  Upon  all  these  matters 
it  heard  reports,  and  took  the  necessary  action.  It  exer- 
cised the  right  to  raise  or  lower  the  rate  of  ta.xation,  but  010,55.25 
only  on  the  imperial  initiative.  The  control  of  the  agcr 
publicus  was,  however,  transferred  to  the  emperor.  It 
took  action  with  reference  to  the  introduction  of  foreign 
cults,  managed  the  temples,  and  provided  for  extraordinary 
festivals ;  but  in  all  religious  matters  its  action  must  have 
been  perfunctory,  since  the  emperor  was  ponfi/ex  maximus 
and  a  member  of  all  the  important  priesthoods.  Further- 
more, it  passed  measures  imposing  penalties  on  those  con- 
victed of  certain  offenses,  and  granting  honors,  privileges,  piin.  Ep 
and  dispensation  from  certain  laws  to  favored  individuals  ^'  '^'  ^' 
or  classes. 

480.  The  Senate  as  a  Judicial  Body.  The  criminal 
jurisdiction  of  the  senate  was  exercised  mainly  in  the  case 
of  serious  offenses,  particularly  those  of  a  pohtical  nature 


386  IMPERIAL    I'ERIOD:    DESCRIITIVE 

(cf.  p.  347),  where  senators  were  concerned.  Perhaps 
those  charged  with  such  offenses  were  at  the  outset 
allowed  to  have  their  cases  heard  either  before  a  quaestio 
or  before  the  senate.  Senators  would  naturally  choose  the 
latter  tribunal.  When  the  practice  was  once  established  it 
developed  rapidly.  The  procedure,  as  can  be  seen  from 
the  well-known  case  of  Piso,  seems  to  have  been  modeled 
on  that  followed  in  the  quacstiones.  The  consul  presided, 
and  the  senate  delivered  its  verdict  in  the  form  of  a  scnatiis 
consiiltum.  Even  the  penalty  of  death  could  be  imposed, 
and  no  appeal  could  be  taken  from  the  senate's  decision, 
although  the  emperor  could  virtually  grant  a  pardon  by 
using  his  veto  power.  Appeals  could  also  be  taken  to  the 
senate  by  senators  and  members  of  certain  other  favored 
classes  from  the  decisions  of  senatorial  governors  in  capital 
cases.  In  civil  cases  also  appeals  came  to  the  senate  from 
the  senatorial  provinces,  but  they  were  usually  referred  by 
it  to  the  consuls. 

481.  The  Senate  as  an  Electoral  Body.  The  most 
important  function  of  the  senate  as  an  electoral  body 
consisted  in  choosing  the  emperor  (cf.  p.  341),  and  in 
joining  with  the  popular  assembly  in  conferring  on  him  his 
constitutional  powers  (cf.  pp.  341  f.).  The  right  to  deify  a 
deceased  emperor,  or  to  pass  the  act  known  as  the  damna- 
tio  ffiemoriae,  was  its  exclusive  prerogative  (cf.  pp.  343  f.). 
Tiberius  transferred  the  election  of  magistrates  to  the 
senate,  but  its  freedom  of  choice  was  in  large  measure 
restricted  by  the  emperor's  right  to  name  candidates  for 
the  several  offices  (p.  351).  Notwithstanding  this  fact, 
there  was  a  lively  competition  for  the  several  magistracies, 
and  candidates  for  office  gave  costly  presents  and  elabo- 
rate dinners  to  their  senatorial  colleagues  in  the  hope  of 
winning  their  suffrages. 


POWERS    OF   THE    SENATE  38/ 

Selected  Bibliography  ^ 

Caduzac,  Decadence  du  senat  rom.  depuis  Cesar  jusqu'a  Constantin. 

Limoges,  1847. 
E.  Cuq,  Le  conseil  des  empereurs,  d'Auguste  a  Diocletien.     Paris, 

1884. 
Dumeril,  De  senatu  romano  sub  imp.  Augusto  Tiberioque.     Paris, 

1856. 
Diirr,  Die  Majestatsprozesse  unter  dem  Kaiser  Tiberius.     Heilbronn 

Progr.,  1880. 
Rotter,  Ueber  d.   Verhiiltniss  zwischen  Kaisertum  u.    Senat  unter 

Aug.  u.  Tib.     Prague,  1875. 

Supplementary  Literature,  1901-1910 

Abele,  Der  Senat  unter  Augustus.     Paderborn,  1907. 

1  See  also  bibliography  on  pp.  243,  2.'SS,  304,  316,  328,  358. 


CHAPTER    XXI 
THE   PEOPLE 
(a)  Citizens/tip 

482.  The  Methods  of  Acquiring  Citizenship.  Citizenshij) 
could  be  acquired,  as  under  the  republic,  by  birth,  by  adop- 
tion, by  manumission,  and  by  a  special  grant.  The  son  of 
a  Roman  citizen  inherited  the  rights  of  citizenship.  The 
son  of  a  Latin  acciuired  them  when  he  was  adopted  by  a 
Roman  citizen.  The  other  two  methods  of  acquiring  them 
call  for  a  fuller  statement. 

483.  Citizenship  Acquired  by  Special  Grant  or  by  Manu- 
mission. Various  classes  of  persons  acquired  the  rights  of 
citizenship  by  virtue  of  having  conformed  to  certain  speci- 
fied conditions.  Thus,  for  instance,  those  who  received  an 
honorable  discharge,  after  having  served  twenty-five  years 
in  the  auxiliary  force,  or  twenty-six  years  in  the  navy, 
became  Roman  citizens.  Latins  gained  the  same  privilege 
when  they  were  enrolled  in  the  legions,  and  magistrates  in 

C.  I.  L.  II.       towns  -enjoying  the  Latin  rights  were  honored  with  Roman 

1945;  ^  •  532-   citizenship.     Freedmen  also,  after  serving  a  certain  number 

of  years  as  vigiles,  gained  full  civic  rights.     The  conditions 

on  which  citizenship  was  granted  to  indi\iduals  or  i)articular 

communities  cannot  be  so  exactly  stated.     Personal  favor, 

or  political   considerations,    or  a  desire   to  reward    those 

Suet.  Aug.       yf,\^Q  i^ad  rendered  a  noteworthy  ser^dce  to  the  community, 
40.  47  • 


Dio,  60.  17;     were  usually  the  deciding  factors  in  these  cases.     Augustus 

tiz€ 


j.T     '^  g-'^^'G  the  rights  of  Roman  citizenship  to  few  conuiumities, 


CITIZENSHIP  389 

but  his  successors  bestowed  them  upon  towns  in  all  parts 
of  the  empire.  The  imperiiim  proconsulare  of  the  emperor 
entitled  him  to  make  these  grants  in  the  imperial  provinces 
(cf.  p.  245),  but,  although  Augustus  may  have  consulted 
the  senate  and  popular  assembly  in  cases  outside  the 
imperial  provinces,  it  is  plain  that  his  successors  felt  free,  on 
their  own  authority,  to  grant  Roman  citizenship  to  any  indi- 
vidual or  community.  The  greatest  addition  to  the  number  Dio,  57. 17; 
of  citizens,  however,  came  by  way  of  manumission,  and  ^"^*Galb2° 
the  rapid  increase  in  the  number  of  freedmen  which  resulted    h;  iac. 

\  Ann.  1    .-8. 

seemed  so  serious  a  matter  to  Augustus  that  he  caused  a 
series  of  laws  to  be  passed  to  restrict  it  (cf.  p.  390). 

484.  The  Loss  of  Citizenship.  As  under  the  republic 
(cf.  p.  245),  those  who  had  been  captured  in  war,  turned 
over  to  the  enemy,  or  sold  into  slavery  suffered  capitis 
deminutio  ?naxijna.  The  third  provision  just  mentioned 
underwent  a  strange  interpretation  or  extension  in  the  case 
of  those  known  as  servi poe?iae.  The  legal  fiction  involved 
in  the  matter  is  clearly  indicated  by  Pliny  (ad  Traianiim, 
XXXI,  2)  :  ///  plerisque  civitatibiis,  maxime  Nicomediae  et 
Nicaeae,  quidam  vel  in  opus  damnati  vel  in  liidum  si7niliaque 
his  getiera  pocnarutn  publicoruni  servoricm  officio  ministerio- 
que  fungimtur  atque  etiajn  ut  pnblici  servi  annua  accipiunt. 
Those  became  semi  poenae,  qui  ad  ferrum  aut  ad  bestias 
aut  in  7netallum  damnantur  (Dig.  XXVIII.  i.  8.  4).  Capitis 
deminutio  media  was  visited  on  those  who  suffered  deportatio, 
or  transportation  to  an  island.  Rclegatio,  or  the  penalty  of 
being  obliged  to  live  within  a  certain  section  of  the  empire, 
did  not  bring  with  it  a  loss  of  citizenship. 

485.  The  Rights  of  Roman  Citizens.  All  Roman  citi- 
zens, except  freedmen,  had  the  full  enjoyment  of  the  tra- 
ditional iiira  conwiercii,  conubii,  proTOcationis,  legis  actionis, 
suffragii,  and  the  ius  houorum.     In  respect  to  their  private 


390  IMPERIAL   PERIOD:    DESCRIPTIVE 

rights  freedmen  stood  essentially  on  the  same  plane  as 
freemen,  except  that  they  were  forbidden  to  marry  with 
members  of  the  senatorial  order  and  were  liable  to  the 
punishment  of  being  obliged  to  live  at  least  one  hundred 
miles  from  Rome  for  certain  offenses  against  their  patrons. 
Freedmen  thus  jnmished  were  known  di?>  pcregrini  dediticii. 
All  freedmen  were  still  restricted  to  four  of  the  city  tribes 
(p.  247),  but  this  restriction  was  of  little  moment  because 
of  the  decadence  of  the  ])opular  assemblies.  The  most 
important  limitations  put  on  them  were  in  the  matter  of  the 
ius  ho/iorufn,  and  of  admission  to  the  equestrian  order. 
Not  only  freedmen,  but  their  sons  and  grandsons,  were 
Plin.  N.  H.  excluded  from  the  ecjuestrian  order  and  from  the  magis- 
''''■  ■'  ■  tracies,  and  consequently  from  the  senatorial  order.     It  was 

within  the  power  of  the  emperor,  however,  by  a  natalium 
restitutio  to  remove  this  disability.  Reference  has  been 
made  above  to  the  attemi)t  which  Augustus  made  to  restrict 
indiscriminate  manumission.  The  most  important  step 
which  he  took  in  this  direction  consisted  in  securing  the 
Herz.  II.  passage  in  a.d.  4  of  the  lex  Aelia  Sentia,  which  provided, 

^'^    ■  among  other  things,  that  slaves  under  thirty  years  of  age 

who  were  declared  free,  and  those  who  were  declared  free 
in  the  will  of  a  deceased  owner,  did  not  become  technically 
free.  Their  legal  status  was  more  clearly  defined  by  the 
lex  lunia  Norbatia  of  a.d.  19,  which  rendered  them  incapa- 
ble of  making  a  will,  and  gave  them  the  rights,  with  certain 
Nipperdey       limitations,  of  Lafi/ii  Iiiiiiani. 

2" -9  an/""'        4^^-    T^^  Obligations  of  Citizenship.     The  two  principal 
'3-  27-  obligations  resting  on  Roman  citizens  were  the  payment  of 

taxes  and  service  in  the  army.     Roman  citizens  in  Italy 
paid  no  direct  taxes.     Those  in  the  provinces  were  subject 
St.  R.  III.        to  the  tributuDi  soli  and  the  tribuiuin  capitis.     This  exemp- 
^°^  *■  tion  of  Roman  citizens  in  Italy  was  the  peculiar  privilege 


THE    PLEBEIANS  391 

going  with  the  ius  Italicum.  Military  service  was  incum- 
bent on  every  freeman,  but,  since  a  suiftcient  number  of 
soldiers  was  usually  to  be  had  by  voluntary  enlistment,  it 
was  rarely  necessary  to  resort  to  a  draft.  In  fact,  after 
the  time  of  the  Flavian  emperors,  the  legions  were  never  Herz.  ii. 
recruited  from  Italy.  The  legions  and  the  praetorian  ^ 
guard  were  made  up  exclusively  of  free-born  Roman  citi- 
zens and  of  Latins  or  peregrini  belonging  to  oppida. 
Freedmen  served  in  the  navy  and  in  the  cohortes  vigilum. 

{b)  Tlte  Plebeians 

487.  The  Legal  Status  of  the  Plebeians.  The  old  dis- 
tinction between  the  plebeians  and  patricians  is  lost  sight 
of  under  the  empire,  but  by  a  strange  turn  of  the  wheel  of 
fortune  the  term  plebs  came  to  indicate,  just  as  it  had 
done  in  the  early  republic,  those  who  were  outside  the 
privileged  classes.  It  comprised,  in  fact,  all  those  who  were 
below  the  senatorial  and  equestrian  orders.  And  just  as 
had  been  the  case  under  the  early  republic,  the  plebeians 
vmder  the  empire  were  essentially  without  poUtical  rights, 
and  were  shut  out  of  the  classes  above  them  by  legal 
restrictions.  There  was,  however,  this  important  difference 
between  the  two  cases.  The  barrier  was  not  an  insur- 
mountable one.  By  acquiring  the  fortune  required  of  a 
knight  or  senator  a  plebeian  freeman  could  rise  into  one  of 
the  higher  orders.  The  most  important  legal  difference, 
then,  between  the  plebeians  on  the  one  hand  and  the 
members  of  the  equestrian  and  senatorial  orders  on  the 
other,  was  in  the  matter  of  pohtical  rights.  In  one  respect 
their  private  rights  were  less,  since  for  a  given  offense  they 
were  liable  to  a  severer  punishment  than  were  those  who   Dig.  48. 

g      ,      r 

belonged  to  the  two  upper  classes. 


392  IMI'ERIAL    PERIOD:    DESCRIPTIVE 

488.  The  Plebs  Urbana.  The  massing  of  property  in 
the  hands  of  the  few  had  practically  blotted  out  the 
independent  middle  class,  and  the  great  body  of  freemen 
outside  the  two  orders  were  partly  or  entirely  dependent 
on  the  state  for  support.  The  term  plebs  urbana  was 
practically  applied  to  the  200,000  or  more  whose  names 
made  up  the  list  of  recipients  of  grain. 

489.  The  Plebeians  outside  Rome.  The  population  in 
the  Italian  municipal  towns  reproduced  in  miniature  the 
state  of  things  in  Rome.  A  freeman  who  had  a  rating  of 
100,000  sesterces,  and  was  eligible  in  other  respects,  could 
by  election  to  one  of  the  local  offices  secure  admission  to 
the  munici])al  senate.  Those  who  did  not  have  the  requi- 
site property  were  not  eligible,  so  that  these  small  towns 
also  had  their  senatorial  order  and  their  plebeians,  although 
the  minimum  sum  which  made  one  eligible  to  the  senatorial 
order  in  the  municipalities  was  so  small  that  the  members 
of  that  order  constituted  a  middle  class  in  Italy. 

(c)  Tiie  Equestrian  Order 

490.  Admission  to  the  Equestrian  Order.  The  conditions 
of  eligibility  to  the  equestrian  order  w-ere  the  i)ossession  of 
property  valued  at  400,000  sesterces,  free  birth,  and  a 
respectable  standing  in  the  community.  It  was,  however, 
in  the  power  of  the  emperor  to  pass  over  the  condition  of 
free  birth,  and  to  elevate  freedmen  to  the  equestrian  rank. 
Admission  to  the  order  rested  with  the  emperor,  who  estab- 
lished a  bureau,  known  as  a  ccnsibui  equestribus,  to  receive 
applications  and  collect  the  necessary  information.  If  the 
property  of  a  member  of  the  order  fell  below  the  required 
minimum,  or  if  his  mode  of  life  was  objectionable,  his  name 
was  dropped  from  the  list. 


THE   EQUESTRIAN    ORDER 


393 


491.  Limits  put  on  the  Order.  Although  up  to  the 
reign  of  Tiberius  the  term  ordo  equester  technically  included 
only  the  equites  equo  publico,  it  seems  probable,  while  still 
a  matter  of  dispute,  that  there  was  a  body  of  men,  who 
perhaps  may  be  called  equites  equo  privato,  who  satisfied 
the  requirements  of  the  equestrian  order,  but  had  not  tech- 
nically been  admitted  to  it.  The  members  of  this  group 
did  not  have  certain  privileges  conceded  to  the  equites  equo 
publico,  but  they  received  some  official  recognition  until 
they  were  formally  excluded  from  the  order  by  the  legislation 
of  Tiberius. 

492.  Seviri  Equitum  Romanorum.  The  way  in  which 
the  equites  were  organized  into  tunnae  is  not  clear.  Men- 
tion is  made  of  six  turmae  of  thirty  men  each  under  seviri. 
Possibly  only  six  of  the  turmae  had  special  leaders.  The 
seviri  were  usually  the  sons  of  senators  or  the  younger 
members  of  the  imperial  family. 

493.  Insignia  and  Titles.  The  members  of  the  eques- 
trian order  were  distinguished  by  the  anulus  aureus,  the 
tunica  angusticlavia,  and  by  the  right  to  reserved  seats  in 
the  theatre  and  at  the  circus.  From  the  time  of  M.  Aurelius 
the  members  of  the  order  who  were  procurators  bore  the 
title  of  viri  egregii,  the  equestrian  prefects  were  styled  viri 
perfectisshni,  with  the  exception  of  the  prefect  of  the  prae- 
torian guard,  who  was  called  vir  eviitientissimus.  The  title 
vir  splendidus  was  probably  applied  to  the  knights  living 
outside  Rome  who  had  held  no  office. 

494.  The  Equestrian  Cursus  Honorum.  The  members 
of  the  equestrian  order  were  especially  employed  by  the 
emperor  as  his  representatives  in  the  imperial  service,  and 
in  the  first  century  of  our  era  a  fixed  equestrian  cursus 
ho7ioruvi  developed.  At  the  bottom  of  the  series  were  the 
militiae  equestres,   including  the  praefectura  cohortis,   the 


St.  R.  HI. 
481  ff. ;  Herz. 
II.  q6i,  n.  I  ; 
II.  c)66,  n.  3; 
Will.  Dr.  -585. 


Tac.  Hist. 

I-  13; 

Suet.  Galba, 
14;  Plin. 
N.  H.  33.  29; 
Liv.  Ep.  99. 

Wilm.  Ex. 
Inscr.  132, 
1058,  1639, 
2857. 


C.  I.  L.  V. 

8659; 

VI.  1625  b; 

IX.  5439. 


394  IMPERIAL    PERIOD:    DESCRIPTIVE 

trihtinatiis  iegionis,  the  irilninatus  cohortis  Tigilinn^  or 
cohortis  urbanae  or  cohortis  practoriae,  the  pracfcctura 
alae,  and  the  praefcciura  castroruvi.  An  aspirant  for 
higher  honors  served  in  the  curly  period  in  three,  later 
in  four  of  these  positions.  After  the  bureaucratic  system 
of  government  had  been  fully  developed  by  Hadrian,  a 
preliminary  civil  career  could  be  substituted  for  the  military 
service  just  mentioned.  After  these  ])reliminary  military  or 
civil  positions  came  the  various  procuratorships,  which  may 
be  classified  according  to  the  salaries  received  as  sexa- 
genarii  {i.e.,  recipients  of  60,000  sesterces),  centefiarii 
(100,000  sesterces),  ducetiarii  (200,000  sesterces),  and 
trecenarii  (300,000  sesterces).  The  highest  official  posi- 
tions of  the  ecjuestrian  career  were  the  ])refectures,  such, 
for  instance,  as  the  pracfcctura  vigilinn  or  the  pracfcctura 
annonae.  The  knights  gained  in  prestige  under  Gallienus, 
who  transferred  to  the  efjuestrian  order  all  the  important 
military  positions.  Membership  in  certain  priesthoods  was 
also  reserved  for  the  knights,  and  the  most  distinguished 
equites  were  from  time  to  time  admitted  to  the  senate. 
In  the  nature  of  things,  the  ordo  equester  could  not  be  an 
hereditary  aristocracy,  but  the  sons  of  knights  who  satisfied 
the  conditions  governing  admission  to  the  order  were 
naturally  preferred   to   others. 

(rf)  TJie  Senatorial  Order 

495.  Admission  to  the  Senatorial  Order.  The  privileges 
of  the  jwbilitas  under  the  republic  had  depended  on  the 
organization  of  society  (cf.  pp.  47  f.).  The  exclusive  rights 
of  the  senatorial  order  under  the  empire  had  a  legal  basis. 
The  conditions  governing  admission  to  the  order  were  the 
same  as  in  the  case  of  the  knights  (cf.  p.  392),  except  that 


THE    SENATORIAL   ORDER  395 

the  property  requirement  was  1,000,000  sesterces.  For 
those  who  satisfied  these  conditions  admission  was  to  be  had 
by  birth,  or  through  an  imperial  grant  of  the  latus  davits 
to  those  who  were  not  the  sons  of  senators.  Exclusion 
from  the  senatorial  order  was  governed  by  the  same  prin- 
ciples as  those  which  led  to  exclusion  from  the  equestrian 
order  (p.  392). 

496.  Insignia   and   Titles.      The  insignia  of  the   order 

were   the   aiii/his   aureus,  the   cakeus  seiiatoritis,   and   the   Suet.  Aug. 
latus  claviis.     Like  the  knights,  members  of  the  senatorial   5.  2.27  f.; 
order  were  entitled  to  reserved  seats  at  the  theatre  and  at   ^'  •  ^'  '35- 
the  circus.     From  the  close  of  the  first  century  of  our  era 
they  bore  the  title  virl  clarissimi,  and  even   the  younger 
members  of  a  senator's  family  were  styled  clarissimi pueri 
or  clarissimae  puellae. 

497.  The  Senatorial  Cursus  Honorum.  The  mam  privi- 
lege which  they  enjoyed,  however,  was  the  exclusive  right 
to  become  candidates  for  the  republican  magistracies  (cf. 
p.  374),  and  thereby  to  gain  admission  to  the  senate. 
Certain  important  imperial  offices  also  were  open  only  to 
members  of  the  order.  The  republican  magistracies  and 
the  imperial  offices  open  only  to  senators  constituted  the 
senatorial  cursus  honorum,  which  is  illustrated  in  so  many  c.  I.  L.  V. 
inscriptions.  X.  6006. 

{e)  Latinitas  and  Peregrinitas 

498.  Latinitas.  As  a  result  of  the  Social  war  the  rights 
of  Roman  citizenship  had  been  granted  to  the  people  of 
Italy  living  south  of  the  river  Po  (cf.  p.  102).  Julius 
Caesar  extended  the  same  rights  to  the  communities  of 
Transpadane  Gaul  (p.  122),  so  that  there  were  no  com- 
munities with  Latin  rights  in  the  peninsula  at  the  begin- 
ning of  the  imperial  period.     The  ius  Latii  was,  however^ 


396  IMl'EKIAL    I'KRIOD:    DESCKIITIVE 

conferred  by  Vespasian,  Domitian,  and  other  emperors 
upon  many  cities  in  the  provinces  (p.  315).  The  citizens 
of  the  niunicipia  or  oppiiia  civiiim  Latinorum  or  coloniae 
civium  Latinorum,  as  these  Latin  communities  were  vari- 
ously called,  had  the  ius  commcrcii,  and  the  prospect  of 
acquiring  the  rights  of  Roman  citizenship,  in  case  they 
were  elected  to  a  local  magistracy  or  admitted  to  the 
local  senate.  They  acquired  Roman  citizenship  also  if 
they  were  enrolled  in  a  legion,  and  individuals  who  had 
rendered  a  noteworthy  sen^ice  to  the  state  were  rewarded 
in  the  same  way.  Their  right  to  vote  in  one  of  the 
tribes  at  Rome  (cf.  p.  248)  amounted  to  little  under  the 
empire.  In  general  they  were  subject  to  taxes  and  to  mili- 
tary service.  Mention  has  already  been  made  (p.  390)  of 
the  Latini  Iiiniaui. 

499.  The  Peregrini.  Facu  those  with  Latin  rights  are 
sometimes  spoken  of  as  peregrini,  but  the  term  is  usually 
applied  only  to  freemen  who  had  neither  Roman  nor  Latin 
citizenship.  Into  this  category  fell  citizens  of  independent 
states,  and  members  of  communities  which  Rome  had  con- 
quered. Such  legal  rights  as  Xhe  peregrini  had  they  gained 
by  treaties  between  their  own  states  and  Rome,  or  in  the 
court  of  the  praetor,  or  through  the  charter  of  the  province 
in  which  they  lived. 

They  were  allowed  to  actjuire  i)roperty,  to  buy  and  to 
sell,  but  they  did  not  have  the  ius  conubii,  nor  the  right 
to  wear  the  toga,  except  as  a  specially  granted  privilege. 
The  peregrini  dediticii  (cf.  p.  390)  belonged  to  a  si)ecial 
category.  A  large  addition  was  made  by  Marcus  Aurelius 
and  some  of  his  successors  (p.  326)  to  the  number  of 
the  peregrini  dediticii  by  the  settlement  of  barbarian 
colonists,  especially  on  the  banks  of  the  Rhine  and  the 
I  )anube. 


POPULAR    ASSEMBLIES  397 

500.  The  Edict  of  Caracalla.  The  edict  of  Caracalla  in 
the  year  212  granted  Roman  citizenship  to  all  freemen 
living  in  the  Roman  empire.  This  measure  did  not  affect 
the  Latini  luniani  or  the  peregritii  dediticii,  nor  did  it 
preclude  the  possibility  of  establishing  new  colonies  of 
peregritii.  In  point  of  fact,  the  first  two  classes  are  found 
after  Caracalla's  time,  but  probably  no  new  colonies  of 
peregritii  were  established. 

(/")  Political  Divisions  and  Popular  Assemblies 

501.  Tribes,  Centuries,  and  Classes.  The  division  of  the 
people  into  thirty-five  tribes  continued  under  the  empire, 
but,  since  citizens  were  no  longer  subject  to  the  tributum 
or  to  military  service,  it  served  no  other  political  purpose 
than  to  indicate  the  citizenship  of  those  whose  names 
appeared  in  the  list.  The  one  practical  purpose  which 
the  tribal  list  did  serve  was  to  give  the  names  of  those 
who  were  entitled  to  gratuities  of  "grain,  or  to  such  other 
largesses  as  the  state  saw  fit  to  dispense.  Membership  in 
a  tribe  was  usually  hereditary.  Almost  all  freemen  were 
assigned  to  the  thirty-one  country  tribes ;  freedmen  to  the  St.  R.  ill. 
four  urban  tribes.  Up  to  a  late  period  the  tribes  were  still 
divided  into  centuries  of  setiiores  and  iuniores.  Even  the  C.  I.  L.  vi. 
division  of  the  people  into  classes  continued  for  a  time, 

but  it  ultimately  disappeared  before  the  new  property 
rating  on  which  the  equestrian  and  senatorial  orders  were 
based. 

502.  The  Comitia  Curiata.  After  the  fall  of  the  republic 
we  hear  nothing  of  the  lex  curiata  de  imperio  (p.  14),  the 
one  political  measure  upon  which  the  comitia  curiata  had 

the  right  to  act.     That  body  still  met,  however,  to  pass  on   Suet.Aug.65. 
family  affairs  which  required  formal  action. 


398  IMPERIAL    PERIOD:    DESCRIPTIVE 

503.  The  Comitia  Centuriata.  'The  machinery  of  the 
comitia  centuriata  was  still  in  existence,  and  the  external 
forms  were  still  observed,  such  as  the  taking  of  auspices 
and  the  displaying  of  a  red  flag  on  the  Janiculum  while 
the  assembly  was  in  session  ;  but  the  centuriate  comitia  had 
lost  its  meaning,  and  for  the  sake  of  convenience  almost 
all  the  measures  which  were  submitted  to  a  popular  assem- 
bly were  brought  before  the  comitia  tributa.  The  one 
legislative  matter  over  which  it  had  held  exclusive  control 
under  the  republic,  viz.,  the  declaration  of  an  offensive  war, 
was  now  within  the  competence  of  the  emperor ;  the  elec- 
tions were  transferred  to  the  senate  by  Tiberius,  and, 
although  the  assembly  was  called  together  a  few  days  after 
the  senate  had  elect.ed  the  magistrates,  to  hear  the  rcnun- 
tiatio,  that  ceremony  was  a  simple  act  of  confirmation  by 
the  multitude.  The  quaestiojies  had  already  supplanted 
the  centuriate  comitia  in  judicial  matters. 

504.  The  Comitia  Tributa.  The  comitia  tributa  assem- 
bled for  the  renuntiatb  in  the  case  of  the  curule  aediles, 
the  quaestors,  and  the  XX  viri,  just  as  the  centuriate 
assembly  met  to  hear  the  announcement  made  of  the  newly 
elected  consuls  and  praetors.  In  the  field  of  legislation  it 
l)layed  a  more  important  part  for  a  time  than  the  centuriate 
cotnitia.  Several  of  the  important  laws  of  Augustus  w^ere 
passed  in  this  body,  and  ever  in  the  reign  of  Domitian 
there  is  evidence  of  its  activity,  although,  since  most  of  the 
bills  brought  before  it  were  probably  drawn  up  by  the 
princeps,  its  action  can  hardly  have  been  free. 

505.  The  Concilium  Plebis.  A  similar  state  of  things 
robbed  the  concilium  plebis  of  all  significance.  It  was  still 
in  existence  under  the  early  empire,  but  the  measures 
which  it  passed  were  submitted  to  it  by  the  princcps  by 
virtue  of  his  tribunician  power. 


POPULAR   ASSEMBLIES  399 


Selected  Bibliography  ^ 

A.  V.  Brinz,  Alimentenstiftungen  d.  rom.  Kaiser,  Sitzungsber.  d.  k. 

bayr.  Akad.  d.  Wiss.  1887,  Hist.  Klasse,  pp.  209  ff. 
L.  Cantarelli,  I  latini  luniani.     Bologna,  18S3. 
G.  Cothenet,  De  la  condition  des  peregrins.     Dijon,  1885. 
L.  M.  Hartmann,  De  exilio  apud  Romanes  usque  ad  Severi  Alexandri 

principatum.     Berlin,  1887. 
H.  Lemonnier,  fitude  hist,  sur  la  condition  privee  des  affranchis, 

etc.     Paris,  1887. 
F.  Lindet,   De  I'acquisition  et  de  la  perte  du  droit   de  cite   rom. 

Paris,  18S0. 
N.  H.  Michel,  Droit  de  cite  rom.    'Paris,  1885. 
Stobbe,   Ueber   die    Komitien   unter  den   Kaisern,   Philol.    XXXI. 

288-295. 

1  See  also  bibliography  on  pp.  265,  288,  304,  316,  328,  358. 


SUPPLEMENT 


THE  ROMAN  JUDICIAL   SYSTEM 

506.  Administration  of  Justice  by  the  State.  Among 
primitive  peoples  the  individual  who  has  suffered  an  injuty 
at  the  hands  of  another  relies  largely  upon  his  own  efforts, 
or  those  of  his  kindred,  to  regain  his  rights  or  to  punish  the 
offender.  But  this  method  of  securing  justice  disturbs  the 
peace,  and  often  leads  to  excesses.  Many  offenses  too,  like 
theft  or  dishonesty,  are  a  menace  to  the  community.  It  is 
in  the  interest  of  the  community,  therefore,  to  compose 
differences  between  citizens,  and  to  assist  them  in  securing 
their  rights.  These  considerations  lead  the  state  to  take 
upon  itself  the  administration  of  justice. 

507.  The  Roman  Judicial  System  under  the  King.  The 
function  is  of  course  exercised  by  some  official  or  officials 
representing  the  state.  Since  in  the  earliest  period  of  Rome 
of  which  we  have  any  positive  knowledge  the  supreme  power 
lay  in  the  hands  of  the  king,  it  was  he,  or  some  one  dele- 
gated by  him,  who  acted  as  judge  in  both  civil  and  criminal 
cases.  He  was  assisted  by  the  quacstojrs parricidi  (sec.  18), 
the  diiuviviri prrdiicllioiiis,  and  the  i)ontiffs,  and  a  decision 
was  rendered  in  accordance  with  the  ancestral  customs. 
The  pontiffs  played  an  important  part  in  such  matters, 
because  they  alone  knew  the  exact  methods  of  procedure, 
and  they  were  more  familiar  than  any  one  else  with  the  mores 
uiaioritm.  They  held  this  exceptional  position  until  the 
Twelve  Tables  were  jniblished  in  450  li.c,  and  the  "  forms 
of  action  "  in  304  n.c.  (cf.  sec.  51).    So  far  as  j^rocedure  in 

400 


CRIMINAL  COURTS  4OI 

the  regal  period  was  concerned,  probably  the  case  was  insti- 
tuted before  the  king,  and  the  finding  of  facts  delegated  to 
the  duumvirs  or  the  quaestors.  If  a  capital  sentence  was 
imposed,  an  appeal  to  the  people  could  be  asked,  but  a 
citizen  does  not  seem  to  have  had  the  right  to  it. 

508 .  Division  into  Civil  and  Criminal  Actions.  All  civilized 
peoples  think  of  wrongful  acts  as  directed  primarily  either 
against  the  state  or  against  the  individual.  Acts  of  the  first 
kind  constitute  crimes  ;  those  of  the  second  kind  give  rise 
to  civil  cases.  Under  the  republic  they  were  carefully  dis- 
tinguished, and  courts  were  established  for  both  classes  of 
cases.  In  discussing  the  Roman  judicial  system,  therefore, 
it  will  be  our  object  to  find  out  how  these  civil  and  crimi- 
nal courts  were  organized  and  to  study  their  method  of 
procedure. 

{a)  Criminal  Cotirts 

509.  Jurisdiction  of  the  Family,  the  Church,  and  the 
State.    In  the  early  period  there  were  three  classes  of  crimi- 

'  nal  offenses,  of  which  the  family,  the  church,  and  the  state 
respectively  took  cognizance.  The  father  of  a  family  had 
the  right  to  inflict  a  punishment,  even  that  of  death,  upon 
any  member  of  his  household  ;  the  pontiff  sat  in  judgment 
on  such  offenses  against  the  gods  as  the  lapse  from  chastity 
of  a  vestal  virgin,  and  these  two  kinds  of  jurisdiction  con- 
tinued throughout  republican  history.  But  we  are  concerned 
here  only  with  the  administration  of  justice  by  the  state. 

510.  Officials  who  had  Criminal  Jurisdiction.  In  its  de- 
velopment the  history  of  the  Roman  criminal  courts  of  the 
republic  falls  into  two  periods,  that  of  the  early  and  middle 
republic,  and  that  of  the  late  republic.  The  dividing  line 
is  149  B.C.,  when  the  first  standing  court,  or  quaestio  per- 
petua,  was  established.    The  right  to  sit  in  judgment  was 


402  SUPPLEMENT 

inherent  in  the  imperium,  and  consequently  all  the  repub- 
lican magistrates  with  the  imperium  enjoyed  it.  Besides 
officials  who  had  the  imperium,  quaestors,  aediles,  tribunes, 
and  triumviri  capitales  had  criminal  jurisdiction  in  certain 
classes  of  cases.  In  the  early  period  the  conduct  of  criminal 
cases  which  would  have  been  heard  by  the  consul  was  usually 
delegated  by  him  to  the  quaestor.  The  aediles  prosecuted 
for  usury  and  similar  offenses.  The  tribunes  brought  charges 
against  those  who  had  violated  the  rights  of  the  plebeians 
or  had  committed  political  offenses.  The  triumviri  capitales 
were  police  magistrates,  and  especially  heard  charges  of  dis- 
orderly conduct.  They  also  inquired  into  serious  offenses 
committed  by  slaves  or  foreigners. 

511.  The  Popular  Assemblies  acquire  Judicial  Power.  The 
laws  which  gave  citizens  the  right  of  appealing  to  a  popular 
assembly  in  case  the  death  sentence  or  a  fine  of  3020  asses 
was  involved  (cf.  sees.  27,  30)  brought  about  a  great  change 
in  the  conduct  of  criminal  cases.  These  measures  made 
the  popular  assemblies  judicial  bodies,  and  persons  sen- 
tenced to  either  of  the  penalties  mentioned  were  brought 
before  them  for  trial.  After  the  passage  of  the  laws  of  the 
Twelve  Tables  all  cases  involving  the  death  penalty  were 
heard  by  the  centuriate  comitia  ;  but  this  penalty  was  rarely 
inflicted  because  an  accused  person  could  avoid  the  imposi- 
tion of  it  by  going  into  exile  before  the  final  vote  was  taken. 
Cases  involving  fines  above  the  maximum  mentioned  were 
brought  before  the  tribal  assemblies.  On  occasions  the 
assembly,  at  the  request  of  the  senate,  passed  a  measure 
establishing  a  special  court,  or  quaestio  extraordinaria,  to 
hear  a  given  case. 

512.  The  Quaestiones  perpetuae  and  their  Composition.  It 
was  probably  the  advantage  which  such  a  small  judicial  body 
of  picked  men  had  over  a  large  assembly,  which  led  the 


CRIMINAL   COURTS  403 

Romans  in  149  B.C.  to  establish  a  permanent  court,  or 
qiiacstio  pcrpetita  {tic  rcpctiiiuiis).  This  court,  as  its  title 
indicates,  was  intended  to  try  magistrates  charged  with  extor- 
tion. On  the  analogy  of  it  seven  or  eight  others  were  estab- 
lished, each  by  a  special  law,  to  investigate  such  charges  as 
those  of  treason  {inaiestas),  corrupt  practices  at  elections 
{ambitus),  and  peculation  in  office  {peci/iati/s).  The  system 
was  rounded  out  by  Sulla  (cf.  sec.  96),  and  after  his  day  it 
was  only  in  exceptional  cases  that  criminal  prosecutions  were 
brought  before  a  popular  assembly  or  a  qiiaestio  extra- 
ordinaria.  The  presidency  of  these  courts  was  held  by 
praetors  and  ex-aediles,  who  bore  the  title  of  indices  quaesti- 
onis.  Each  year  a  list  of  several  hundred  jurors  was  drawn 
up  by  the  praetor  and  the  quaestor,  and  from  this  list 
{album  iudicum)  the  panel  for  a  particular  trial  was  chosen 
by  lot.  From  this  panel  both  the  prosecution  and  the 
defense  could  reject  a  certain  number  of  unacceptable 
jurors,  and  the  remaining  number  constituted  the  jury, 
whose  size  was  fixed  within  certain  hmits  by  the  laws  estab- 
lishing the  several  courts.  The  smallest  jury  of  which  we 
have  any  record  numbered  thirty-two,  the  largest  seventy- 
five.  Down  to  123  B.C.  the  jurors  were  taken  from  the 
senatorial  order  ;  from  that  date  to  70  B.C.  they  were  all 
knights,  but  the  icx  Aurelia  of  70  B.C.  introduced  a  com- 
promise under  which  juries  were  composed  of  senators, 
knights,  and  tribuni  acrarii. 

513.  Procedure  in  Criminal  Courts.  We  do  not  know 
how  criminal  cases  were  conducted  before  a  magistrate 
or  in  a  special  court,  but  probably  the  magistrate  com- 
pelled the  attendance  of  the  accused  person  and  exam- 
ined him,  although  before  the  special  tribunals  the 
practice  of  allowing  private  citizens  to  prosecute  doubtless 
developed. 


404  SUPPLEMENT 

The  method  of  procedure  before  a  pojjular  assembly  has 
already  been  described  (cf.  sec.  309).  The  meetings  of  the 
standing  courts  were  held  in  the  Forum,  with  the  praetor 
on  his  raised  tribunal  and  the  jurors  seated  on  benches. 
The  principal  prosecutor  {accusator),  who  was  always  a  pri- 
vate citizen,  might  be  supported  by  others  {stibscriptorcs). 
The  accused  (triis)  was  commonly  represented  by  advo- 
cates i^patroni)  and  attended  by  prominent  friends  {advo- 
cati),  who  assisted  him  by  their  presence  and  advice.  The 
personnel  of  the  court  also  included  messengers,  heralds, 
clerks  (viatores,  pj-aecones,  scribae),  lictors,  and  a  consilium 
of  three  or  more  jurists  to  give  legal  advice  to  the  praetor. 
If  several  persons  claimed  the  right  to  prosecute  the  accused 
man,  as  was  not  infrequently  the  case,  the  praetor  selected 
the  prosecutor  in  a  preliminary  proceeding  {divinatid).  The 
charge  and  the  names  of  the  accuser  and  the  accused  were 
then  made  a  matter  of  record,  and  ten  days  or  more  were 
allowed  the  prosecutor  to  prejiare  his  case.  In  the  mean- 
time the  accused  person  was  imprisoned  or  given  his  freedom 
on  bail.  At  the  next  meeting  the  jury  was  constituted,  and 
speeches  were  made  by  counsel  for  the  prosecution  and  the 
defense.  After  the  pleadings  came  the  evidence,  followed 
by  brief  questions  and  answers  {altercatid)  by  patroni  of 
the  two  parties  to  the  case.  The  proceedings  up  to  this 
point  were  ifi  ii/re ;  with  the  active  participation  of  the 
indices  they  became  in  iudicio.  An  oath  was  administered 
to  the  jurors,  and  they  retired  to  deliberate  on  their  verdict. 
Each  member  of  the  jury  was  jirovided  with  a  wooden  tablet, 
covered  on  both  sides  with  wax.  In  the  wax  on  one  side 
stood  c  {ondcmno),  on  the  other  a  i^/>so/vo).  The  juror  erased 
the  one  or  the  other  of  these  letters  and  deposited  the 
tablet  in  an  urn,  or  he  could  erase  both  letters,  if  the  evi- 
dence had  not  convinced  him  of  the  guilt  or  the  innocence 


CRIMINAL  COURTS  405 

of  the  accused  person,  and  scratch  the  two  letters  n(^oii) 
/(piquet)  on  his  tablet.  A  majority  of  the  votes  decided  the 
case.  Probably  in  the  later  period  the  tablets  upon  which 
;/.  /.  had  been  written  by  jurors  were  counted  for  acquittal, 
but  if  these  tablets  were  in  the  majority,  the  case  could  be 
instituted  anew  by  a  new  prosecutor.  The  vote  was  counted 
and  the  verdict  announced  by  the  presiding  magistrate,  who 
also  fixed  the  penalty  rmder  the  law.  The  severest  penalty  was 
aquae  et  ignis  interdictio.  This  meant  that  no  one  in  Italy, 
for  instance,  was  allowed  to  offer  fire  or  water  to  a  person 
upon  whom  this  sentence  had  been  passed,  and  was  there- 
fore equivalent  to  a  decree  of  exile.  From  the  decision  of 
a  quaestio perpetiia  there  was  no  appeal.  In  case  of  acquittal 
the  prosecutor  was  liable  to  the  charge  of  calumnia,  i.e.  of 
having  made  a  groundless  accusation;  or  oi pracvaricatio, 
i.e.  of  having  conspired  with  the  defense  to  secure  an 
acquittal.  In  case  of  conviction  he  received  a  pracmiitm, 
fixed  by  the  magistrate  and  jury.  The  decisions  of  the  civil 
as  well  as  the  criminal  courts  were  based  on  statutes  and 
judge -made  laws.  The  Twelve  Tables  and  the  actions  of  the 
senate  and  of  the  popular  assemblies  made  up  the  forrrier  ; 
the  edicts  of  the  magistrates,  notably  of  the  praetor  (cf. 
sec.  204),  gave  rise  to  the  latter. 

514.  Ancient  and  Modern  Procedure.  There  are  some 
interesting  points  of  resemblance  and  of  difference  between 
the  procedure  adopted  in  the  Roman  court  and  that  fol- 
lowed in  our  own  criminal  trials.  The  law  in  both  cases  is 
the  secular  law,  uninfluenced  by  any  ecclesiastical  principles 
or  religious  observances  save  the  administration  of  an  oath. 
The  case  is  adjudicated  by  a  magistrate,  who  confines  him- 
self in  the  main  to  an  interpretation  of  the  law,  and  a  jury 
which  considers  the  facts  and  renders  a  verdict.  The  panel 
is  chosen  by  lot  and  unacceptable  jurors  may  be  challenged. 


406  SUPPLEMENT 

Both  oral  and  written  testimony  is  admissible.  The  differ- 
ences between  the  ancient  and  modern  practices  are  of  a 
comparatively  minor  character,  but  still  they  are  important. 
A  magistrate  in  modern  times  has  no  board  of  legal  advisers, 
but  the  advice  of  such  a  body  was  necessary  to  a  praetor 
who  held  office  for  a  year  only,  and  had  no  extended  legal 
experience.  The  bringing  of  the  action  by  a  private  citi- 
zen is  not  in  accordance  with  our  practice.  A  Roman  trial 
was  much  shorter  than  one  in  modern  times,  being  often 
concluded  within  a  day.  Under  Anglo-Saxon  law  a  majority 
vote  of  the  jury  does  not  settle  a  case  as  it  did  in  Rome. 
The  Romans,  under  the  republic,  had  no  graded  series  of 
courts  from  one  to  another  of  which  an  appeal  could  be 
taken.  The  point  in  the  Roman  procedure  most  remarkable 
to  us  lay  in  the  presentation  of  the  main  arguments  by 
counsel  before  the  evidence  had  been  heard,  although,  of 
course,  use  was  made,  by  anticipation,  of  the  testimony  to  be 
given.  The  same  looseness  of  procedure  which  charac- 
terized the  meetings  of  Roman  legislative  bodies  (cf.  sec. 
276)  is  noticeable  in  the  courts.  Thus,  for  instance,  the 
jury  was  not  under  careful  surveillance  ;  prominent  political 
friends  of  the  accused  occupied  conspicuous  places  in  the 
court,  demonstrations  of  approval  or  disapproval  occurred, 
and  the  rules  of  evidence  were  less  strict  than  with  us,  so 
that  even  hearsay  evidence  was  admitted. 

515.  Criminal  Trials  under  the  Empire.  Under  the  empire 
the  popular  assemblies  ceased  to  exercise  their  criminal 
jurisdiction.  The  qiiaestiones  perpetuae  continued  to  exist 
up  to  the  third  century  of  our  era,  but  their  importance  was 
lessened  even  under  the  early  empire  by  the  establishment 
of  the  criminal  jurisdiction  of  the  senate  and  of  the  emperor. 
Under  Augustus  the  album  iiiJiciim  contained  about  four 
thousand    names,    under    ('aligula    five    thousand.     Jurors 


CIVIL   COURTS  407 

were  chosen  for  life  from  the  knights  and  the  ducenarii,  or 
citizens  who  had  a  fortune  of  200,000  sesterces.  The  pro- 
cedure in  the  quaestiones  continued  without  essential  change, 
except  that  in  case  there  was  a  majority  of  one  only  for  con- 
viction, the  emperor,  if  he  were  present  in  court,  could 
deposit  the  calculus  Minervae  and  secure  the  acquittal  of 
the  accused  person. 

The  criminal  jurisdiction  of  the  senate  and  the  emperor 
has  already  been  discussed  (cf.  sees.  412,  480).  Of  the 
more  severe  penalties  the  commonest  were  relegatio,  which 
involved  exile  for  life,  often  to  a  specified  place,  and  deporta- 
tio,  which  included  relegatio  as  well  as  the  loss  of  citizenship 
and  confiscation  of  property.  The  sources  of  criminal  and 
of  civil  law  under  the  empire  were  in  part  senatus  consulta, 
but  more  particularly  the  edicts  of  magistrates  and  the 
co7istitutiones  prijicipis  (cf.  sec.  413). 

(6)  Civil  Courts 

516.  Officials  who  had  Civil  Jurisdiction.  Since  the 
quaestor  had  general  supervision  of  the  state  treasury  (cf. 
sec.  239),  and  since  the  censor  had  charge  of  farming  the 
taxes  and  constructing  public  works  (cf.  sec.  213),  almost  all 
civil  cases  to  which  the  state  was  a  party  came  under  the 
jurisdiction  of  these  two  officials.  Such  cases  would  include 
particularly  the  collection  of  money  due  the  state  and  the 
enforcement  of  state  contracts.  The  aediles  had  charge  of 
the  markets  (cf.  sec.  234),  and  consequently  disputes  with 
reference  to  mercantile  transactions  were  naturally  referred 
to  them.  Civil  cases  other  than  those  mentioned  came 
before  the  praetor. 

517.  Organization  of  Civil  Courts  under  the  Republic. 
Under  the  developed  judicial  system  of  the  republic  the 


408  SUPPLEMKNT 

division  of  the  procedure  in  civil  cases  into  the -proceed- 
ings ///  inrc  and  in  indicia  was  'carefully  observed.  The 
magistrate  conducted  the  former  in  person  ;  the  latter  were 
referred  by  him  to  a  index  or  to  indices.  The  reference 
was  made  either  to  indices,  to  reci/perai(>?rs,  to  arbitri,  to 
the  dccenn'iri  stlitihiis  indicandis,  or  to  the  ccnttimviri. 
The  method  of  making  out  the  album  iudicum,  and  of  choos- 
ing a  jury  for  a  particular  case  has  already  been  discussed 
(cf.  sec.  5  12).  The  recuperatorcs  wcxq  chosen,  in  accordance 
with  treaties  with  foreign  nations,  for  the  trial  of  civil  cases 
in  which  both  citizens  a.n6.  peregrini  were  concerned.  They 
made  their  appearance,  therefore,  in  the  court  of  the  prae- 
tor percgriniis,  but  the  procedure  before  them  w^as  so  much 
more  simple  than  that  in  other  courts  that  they  were  not 
infrequently  employed  when  citizens  only  were  concerned. 
Such  a  number  was  selected  by  lot  that  after  the  prosecu- 
tion and  defense  had  exhausted  their  right  of  challenging, 
the  board  still  numbered  three  or  five.  When  it  was  neces- 
sary to  use  a  large  measure  of  discretion  arbiti'i  were  called 
in.  The  difference  between  cases  assigned  to  indices  and 
to  arbitri  has  been  clearly  illustrated  by  Cicero  (^prc  Rose. 
Com.  4)  :  alind  est  indicium,  aliud  arbitriu7)t.  Indicium  est 
pecuniae  certae  ;  arbitrium  incertae.  Ad  indicium  hoc  modo 
renimns,  ut  totam  litem  ant  obtineamns,  ant  amittamus  ;  ad 
arbitrium  hoc  animo  adimus,  ut  neque  nihil,  neque  tantum 
quantum  postulavimns,  consequamnr.  The  decemviral 
and  centumviral  courts  were  permanent  courts  of  great 
antiquity.  The  members  were  chosen  for  a  year,  those  of 
the  former  court  being  elected  in  the  tribal  comitia,  those 
of  the  latter  being  appointed  by  the  praetor.  Under  the 
republic  the  centumviral  court  contained  three  representa- 
tives from  each  tribe,  which  gave  it  a  total  of  one  hun- 
dred and  five  members.    The  decemvirs  considered  cases 


CIVIL  COURTS  409 

affecting  the  civil  status  of  citizens  ;  the  centumvirs  dealt 
with  .  such  questions  of  ownership  as  those  involved  in 
inheritances  and  the  transfer  of  land. 

518.  Procedure  by  the  Legis  Actiones.  In  the  early 
period  of  the  republic  a  claim  was  prosecuted  in  a  civil 
court  by  one  of  the  five  kgis  actiones.  These  bore  the 
following  technical  names  :  per  sacramentum,  per  iudicis 
postidationeni,  per  condictionem,  per  mantis  iniectionejn, 
and  per  pignoris  capionem.  It  will  be  sufficient  for  our 
purpose  to  consider  the  method  per  sacramentum,  which 
was  the  commonest  and  is  the  one  best  known  to  us. 
Under  it  each  party  to  the  action  deposited  a  guarantee, 
which  was  forfeited  to  the  state  by  the  losing  party.  The 
exact  words  of  the^  law  had  to  be  followed,  and  any  devia- 
tion from  them  caused  the  loss  of  the  case.  After  this  pre- 
liminary step  had  been  taken  before  the  magistrate,  the 
case  was  usually  referred  to  a  index,  who  followed  the  pro- 
cedure, borrowed  by  the  quaestiones,  which  has  already 
been  described  (cf.  sec.  513). 

519.  Procedure  by  the  Formulary  Method.  The  technical 
difficulties  of  the  old  system  and  its  failure  to  meet  the 
needs  of  a  more  complex  civilization  led  to  the  gradual 
introduction,  in  the  second  and  first  centuries  before  our 
era,  of  the  formulary  method,  although  the  old  system  was 
retained  in  the  decemviral  and  centumviral  courts.  The 
necessary  flexibility  to  meet  the  growing  industrial  needs  of 
the  community  was  obtained  through  the  use  of  the  praetor's 
edict.  In  this  document  each  praetor,  at  the  beginning  of 
the  year,  incorporated  those  maxims  of  law  and  forms  of 
procediire  which  he  would  follow  during  his  term  of  office 
(cf.  sec.  204).  It  represented  the  edict  of  his  predecessor 
with  such  modifications  and  additions  as  his  own  judgment 
and  the  needs  of  the  times  required.    The  growth  of  legal 


4IO  SUPPLEMENT 

principles  and  foi-miilac  which  were  thus  embodied  in  the 
praetor's  edict  kept  pace  with  the  development  of  society, 
and  the  formiilae  of  the  praetor  gradually  supplanted  the 
legis  actiones  in  the  civil  courts.  When  the  formulary 
method  was  followed  the  plaintiflF  summoned  the  defend- 
ant to  appear  before  the  magistrate  on  a  certain  day, 
when  the  case  at  issue  was  presented  by  the  two  parties, 
and  the  plaintiff  requested  the  praetor  to  instruct  the  index 
under  a  certain  formula  of  the  edict  w'hich  he  (the  plaintiff) 
had  already  picked  out.  The  praetor  either  refused  to 
allow  the  suit  to  proceed,  or  he  instructed  the  index  under 
the  desired  formula.  A  formula  was  made  up  of  three 
important  parts  :  (i)  the  demonstratio,  or  grounds  of  action 
on  the  part  of  the  plaintiff;  (2)  the  intentio,  or  claim  of  the 
plaintiff ;  and  (3)  the  sentence,  which  took  the  form  of  a 
condemnatio  or  an  adiudicatio.  These  three  parts  are  well 
illustrated  by  a  typical  case  in  Gaius  (IV.  40  ff.)  :  (i)  quod 
Auliis  Ageriiis  Numcrio  Negidio  hominem  vendidit,  (2)  si 
paret  Niimerium  Negidium  Aulo  Agerio  sestertimn  X  milia 
dare  oporterc,  (3)  index  Nninerinm  Negidinm  Aulo  Agerio 
sestertimn  X  milia  condemna  ;  si  non  paret,  absolve.  The 
third  part  of  the  formula  just  given  applies  to  a  sum  already 
fixed,  and  is  a  eondemnatio.  If  the  sum  was  to  be  fixed  by 
a  index,  as  when  property  was  to  be  divided  between 
several  litigants,  the  third  part  of  the  formula  was  an  adin- 
dieatio,  and  took  some  such  form  as  this  :  qnantum  adindi- 
cari  oportet,  index  Titio  adindieato.  The  essential  portion  of 
the  formula  was  the  intentio,  and  it  could  even  stand  alone 
when  the  ii/dex  was  called  upon  to  pass  judgment  on  the. 
truth  or  falsity  of  the  statement  embodied  in  it.  The  for- 
mula was  presented  to  the  index  by  the  two  parties  to  the 
action.  He  fixed  a  day  for  the  hearing,  and  with  that  the 
proceedings  ///  indicio  began.    After  the  jjleas  of  both  sides 


CIVIL  COURTS  41  I 

had  been  made,  the  evidence  heard,  and  the  altercatio  fin- 
ished, the  iiidtx  with  his  legal  advisers,  or  with  the  jurors, 
retired  to  consider  the  verdict.  The  plaintiff  was  assisted 
by  the  magistrates  in  recovering  from  the  defendant  the 
"ward  of  the  court.  Under  the  legis  actiones  the  plaintiff 
must  plead  his  own  cause,  but  under  the  formulary  method 
advocates  could  be  employed. 

520.  Civil  Courts  under  the  Empire.  Under  the  empire 
the  praetors  and  curule  aediles  and  the  decemviri  and  cen- 
iiimvii'i  retained  their  functions,  and  to  these  ofiticials  and 
bodies  are  to  be  added  the  consul,  who  heard  certain  cases  of 
appeal  assigned  to  him  by  the  senate,  and  the  emperor,  who 
in  person  or  through  a  delegate  heard  cases  in  the  first  in- 
stance and  on  appeal.  The  centumviral  court,  which  still  kept 
the  procedure  by  legis  actiones,  now  numbered  one  hundred 
and  eighty  members  and  was  divided  into  four  chambers. 
Some  cases  in  this  court  were  heard  successively  before 
two  chambers,  others  before  the  four  chambers  sitting  to- 
gether. The  decemvirs  acted  as  presidents  of  the  chambers, 
with  a  praetor  as  first  president.  (Upon  the  judicial  func- 
tions of  the  consul  and  emperor  cf.  sees.  464,  410,  411.) 
The  formulary  procedure  continued  in  common  use,  except 
that  decisions  of  the  emperor  and  his  delegates  were  made 
without  calling  in  indices.  The  practice  of  having  a  small 
board  of  legal  advisers  sit  with  the  magistrate  continued  in 
force,  and  in  course  of  time  these  assessores,  as  they  were 
called,  received  a  salary  from  the  state.  The  parties  to  a 
civil  case  could  also  consult  certain  designated  jurists;  the 
advice  of  these  specialists  was  binding  on  the  index,  and 
thus  the  responsa  prudentinm  furnished  a  new  and  impor- 
tant source  of  law. 

521.  Courts  in  the  Provinces.  The  governor  of  a  prov- 
ince held  court  at  convenient  points,  to  which  cases  from 


412  SUrPLP:MENT 

the  surrounding  country  were  brought.  In  course  of  time 
regular  "  circuits  "  were  established.  From  his  jurisdiction 
free  towns  were  exempt,  and  probably  in  other  communi- 
ties also  the  less  important  civil  and  criminal  cases  were 
settled  in  the  local  courts  in  accordance  with  local  law.  In 
the  courts  held  by  the  governor  or  his  delegate  the  Roman 
official  conducted  the  proceedings  ///  iiirc,  but  the  exami- 
nation into  facts  was  made  by  indices.  Under  the  empire 
civil  cases  heard  by  the  legati  in  senatorial  provinces  could 
be  appealed  to  the  ])roconsul  and  to  the  senate  or  emperor  ; 
those  which  arose  in  imperial  ])rovinces  could  be  appealed 
to  the  emperor.  A  governor  had  the  right  of  life  and  death 
over  peregri?ii,  but  capital  cases  where  Roman  citizens  were 
concerned  were  referred  to  Rome. 

General  Bibliography 

Girard,  Histoire  de  I'organisation  judiciaire  des  Remains,  I.     Paris, 

1901. 
Cuq,  Les  institutions  juridiques  des  Remains,  etc.     Paris,  1902. 
Roby,  Roman  Private  Law  in  the  Times  of  Cicero  and  of  the  Anto- 

nines,  2  vols.     Cambridge  (England),  1902. 
Lenel,  Essai  de  reconstitution  de  I'edit  perpetuel.     Paris,  1901. 
Greenidge,  Legal  Procedure  of  Cicero's  Time.     New  York,  1901. 


APPENDIX    I 


SENTENTIAE,  SENATUS   CONSULTA,  AND   OTHER 
DOCUMENTS 

( a )  Senatorial  Documents 

1.  Motion  made  by  Caesar  with  reference  to  the  Cati- 
linarian  conspirators  (Sail.  Cat.  51.  43).     Cf.  pp.  228  f. 

Sed  ita  censeo,  publicandas  eorum  pecunias,  ipsos  in  vinculis 
habendos  per  municipia,  quae  maxume  opibus  valent,  neu  quis 
de  eis  postea  ad  senatum  referat  neve  cum  populo  agat ;  qui 
aliter  fecerit,  senatum  existumare  eum  contra  rem  publicam  et 
salutem  omnium  facturum. 

2.  Motion  made  by  Cicero  in  43  B.C.  with  reference  to 
Antony's  soldiers  (Cic.  Phil.  8.  ^^2)). 

Quas  ob  res  ita  censeo  :  eorum,  qui  cum  M.  Antonio  sunt, 
qui  ab  armis  discesserint  et  aut  ad  C.  Pansam  aut  ad  A.  Hir- 
tium  consules  aut  ad  Decimum  Brutum  imperatorem,  consulem 
designatum,  aut  ad  C.  Caesarem  pro  praetore  ante  Idus  Martias 
primas  adierint,  eis  fraudi  ne  sit,  quod  cum  M.  Antonio  fuerint. 
Si  qui^  eorum,  qui  cum  M.  Antonio  sunt,  fecerit  quod  honore 
praemiove  dignum  esse  videatur,  uti  C.  Pansa,  A.  Hirtius 
consules,  alter  ambove,  si  eis  videbitur,  de  eius  honore  prae- 
miove primo  quoque  die  ad  senatum  referant.  Si  quis  post 
hoc  senatus  consultum  ad  Antonium  profectus  esset  praeter 
L.  Varium,  senatum  existimaturum  eum  contra  rem  publicam 
fecisse. 

3.  The  senatus  cofisiiltum  de  Bacchanalibus,  so-called, 
of  the  year  186  B.C.  {C.  I.  L.  I.  196  =  X.  104).^   In  reality 

1  In  most  of  the  epigraphical  documents  which  follow,  the  text  of  Bruns,  Forties 
luris  Romani  A  ntiqui  (6th  edition,  1893),  has  been  adopted. 


4T4  APPENDIX    I 

it  is  a  letter  from  the  consuls  embodying  the  decree,  and 
addressed   to  certain  niunici])al  magistrates. 

[(7.]  Marcius  L.  f.,  S(p.)  Postumius  L.  f.  cos.  senatum  con- 
soluerunt  n(onis)  Octob.  apud   aedem  Duelonai. 

Sc(riljendo)  arf(ucrunt)  M.  Claudi(us)  i\I.  f.,  L.  Valcri(us) 
P.  f.,  Q.  Minuci(us)   C.  f. 

De  Bacanalibus  quei  foideratci  esent  ita  exdeiccndum 
censuere : 

Neiquis  eorum  .5acanal  lKil)uise  velet;  sei  ques  esent, 
quei  sibei  deicerent  necesus  ese  Bacanal  habere,  eeis  utei  ad 
pr(aitorem)  urbanum  Romam  venirent,  deque  eeis  rebus,  ubei 
eorum  v^r^a  audita  esent,  utei  senatus  noster  decemeret,  dum 
ne  minus  senatorbus  C  adesent  [(/uom  ^]a  res  cosoleretur. 

Bacas  vir  nequis  adiesc  velet  ceivis  Romanus  neve  nominus 
Latini  neve  socium  quisquam.  nisei  pr.  urbanum  adiesent,  isque 
[<-/]e  senatuos  sententiad,  dum  ne  minus  senaloribus  C  adesent 
quom  ea  res  cosoloretur,  iousi.s^t.     Ce[;/]suere. 

Sacerdos  nequis  vir  eset ;  magister  neque  vir  neque  mulicr 
quisquam  eset.  Neve  pecuniam  quisquani  eorum  comoinc[7;/ 
//jahuise  ve[/]et ;  neve  magistratum,  neve  pro  magistratu^/, 
neque  virum  \neque  wz//]ierem  quiquam  fecise  velet.  Neve 
post  hac  inter  sed  conioura[j'^r  «^7']e  comvovise  neve  conspon- 
dise  neve  conpromesise  velet,  neve  quisquam  fidem  inter  sed 
dedise  velet.  Sacra  in  d?quoltod  ne  quisquam  fecise  velet ;  neve 
in  poplicod  neve  in  preivatod  neve  exstrad  urbem  sacra  quis- 
quam fecise  velet,  nisei  pr.  urbanum  adieset.  isque  de  senatuos 
sententiad,  dum  ne  minus  senatoribus  C  adesent  quom  ea  res 
cosoleretur,  iou.sisi?t.     Censuere. 

Homines  pious  V  oinvorsei  virei  atque  mulieres  sacra  ne 
quisquam  fecise  velet,  neve  interibei  virei  pious  duobus,  mulicri 
bus  pious  tribus  arfuise  vclent,  nisei  de  pr.  urbani  senatuosque 
sententiad,  utei  suprad  scriptum  est. 

Haice  utei  in  covcntionid  exdeicat'ks  ne  minus  trinum  noun- 
dinum,  senatuosque  sententiam  utei  scientes  esetis  eorum  sen- 
ten  tia  ita  fuit :  '  sei  ques  esent,  quei  avorsum  ead  fecisent,  quam 


SENATORIAL    DOCUMENTS  415 

suprad  scriptum  est,  eeis  rem  caputalem  faciendam  censuere ' 
atque  utci  lioce  in  tabolam  ahenam  inceideretis,  ita  senatus 
aiquom  censuit,  uteique  earn  figier  ioubeatis,  ubei  facilumed 
gnoscier  potisit;  atque  utei  ea  Bacanaiia,  sei  qua  sunt,  exstrad 
quam  sei  quid  ibei  sacri  est,  ita  utei  suprad  scriptum  est,  in 
diebus  X,  quibus  vobeis  tabelai  datai  erunt,  faciatis  utei  dismota 
sient.— IN    AGRO    TEURANO. 

4.  An  extract  from  the  senatus  consultum  de  Thisbaeis, 
of  the  year  170  B.C.,  preserved  on  a  marble  tablet  found  in 
Boeotia  (Eph.  Epigr.  I,  p.  278). 

{a)  KdtvTos  Mamos  TtVou  uios  crTparr/yos  rr]i  avvKX^Twi  avv€- 

povXevcraTO  iv  KO/aeTtwt  Trpo  T^/xep^aJjv  eTrro.  €lSvu>v  OKTw/xfipLoyv. 

rpa<f>oiJ.ev(OL  Traprjaav  Mavtos  A/ctAios  Mai/tov  vios  OATcrivtla, 

TtTOS   No/XtO"lO?   TlTOV   Vt09. 

Ilept  (DV  ©io-[/?Jets  Aoyous  i-TroLrjaavro  irepX  twv  KaG'  av^r'^ov'i 
Trpay/AttTwv,  otrive?  €v  ttji  ^tAtat  ttjl  r/fjLeTepai  ivifxeivav,  oVcos 
avTOis  ooOwcTLV,  [ojts  TO.  KaO    avTOv<i  TTpa.yp.aTa  i $ rjy ■>] a uivt at. 

TTtpi  TOVTOv  Tov  TTpdyp.aTO'i  ovTw<;  tBo^ev  07rw5  Kdii/ro? 
Maivtos  crrparr^yo?  tCjv  ek  t^?  (rvvKXyrov  [Trjevre  dTrord^rji,  dt 
av  avrHii  ek  toiv  orjpLoaiwv  Trpa^y/AJarwv  Kat  r^s  tSi'as  Trt'crTeojs 
cf>aLvu>vTaL.     *E8o^€. 

(<5)  Q.  Maenius  T.  f.  praetor  senatum  consuluit  in  comitio 
a.  d.  VII  idus  Octobres. 

Scribendo  adfuerunt  M'.  Acilius  M'.  f.  Vol(tinia),  T.  Numi- 
sius  T.  f. 

Quod  Thisbaei  verba  fecerunt  de  rebus  ad  se  pertinentibus 
ii  qui  in  amicitia  nostra  permanserunt,  ut  sibi  darentur,  quibus 
res  ad  se  pertinentes  exponerent, 

de  ea  re  ita  censuerunt:  ut  Q.  Maenius  praetor  ex  senatu 
quinque  delegaret,  qui  sibi  e  re  publica  fideque  sua  viderentur. 
Censuere. 

5.  A  senatus  consulttim,  passed  in  5  i  B.C.  with  reference 
to  Caesar's  provinces  (Cic.  ad  Fam.  8.  8.  5). 


4l6  APPENDIX   I 

Pr.  Kal.  Octobris  in  aede  Apollinis  scrib.  adfuerunt  L. 
Domitius  Cn.  f.  Fab.  Ahenobarbus,  Q.  Caecilius  Q.  f.  Fab. 
Metellus  Pius  Scipio,  L.  Villius  L.  f.  Pom.  Annalis,  C.  Sep- 
timius  T.  f.  Quir.,  C.  Lucilius  C.  f.  Pup.  Hirrus,  C.  Scri- 
bonius  C.  f.  Pop.  Curio,  L.  Ateius  L.  f.  An.  Capito,  M.  Eppius 
M.  f.  Ten  Quod  M.  Marcellus  cos.  v(erba)  f(ecit)  de  pro- 
vinciis  consularibus,  d(e)  e(a)  r(e)  i(ta)  c(ensuere),  uti  L. 
Paulus,  C.  Marcellus  coss.,"  cum  magistratum  inissent,  ex  Kal. 
Mart.,  quae  in  suo  magistratu  futurae  essent,  de  consularibus 
provinciis  ad  senatum  referrent,  neve  quid  prius  ex  Kal.  Mart, 
ad  senatum  referrent,  neve  quid  coniunctim,  utique  eius  rei 
causa  per  dies  comitialis  senatum  haberent  senatique  consul- 
tum  facerent,  et,  cum  de  ea  re  ad  senatum  referretur,  a  con- 
siliis,  qui  eorum  in  CCC.  iudicibus  essent,  s(ine)  f(raude) 
s(ua)  adducere  liceret ;  si  quid  de  ea  re  ad  populum  plebemve 
lato  opus  esset,  uti  Ser.  Sulpicius,  M.  Marcellus  coss.,  praetores 
tribunique  pi.,  quibus  eorum  videretur,  ad  populum  plebemve 
ferrent;  quod  si  ii  non  tulissent,  uti,  quicumque  deinceps  essent, 
ad  populum  plebemve  ferrent.     C(ensuere). 

6.  A  scnatus  auctoritas  (of.  pp.  198  f.,  229  f.)  of  the 
year  51.  Four  tribunes  interposed  their  vetoes  (Cic.  ad 
Fam.  8.  8.  6). 

Pr.  Kal.  Octobris  in  aede  Apollinis  scrib.  adfuerunt  L. 
Domitius  Cn.  f.  Fab.  Ahenobarbus,  Q.  Caecilius  Q.  f.  Fab. 
Metellus  Pius  Scipio,  L.  Villius  L.  f.  Pom.  Annalis,  C.  Septi- 
mius  T.  f.  Quir.,  C.  Lucilius  C.  f.  Pup.  Hirrus,  C.  Scribonius 
C.  f.  Pop.  Curio,  L.  Ateius  L.  f.  An.  Capito,  M.  Eppius  M.  f. 
Ter.  Quod  M.  Marcellus  cos.  v(erba)  f(ecit)  de  provinciis, 
d(e)  e(a)  r(e)  i(ta)  c(ensuere),  senatum  existimare  neminem 
eorum,  qui  potestatem  habent  intercedendi,  impediendi,  moram 
adferre  oportere,  quo  minus  de  r(e)  p(ublica)  p(opuli) 
R(omani)  q(uam)  p(rimum)  ad  senatum  referri  senatique  con- 
sultum  fieri  possit :  qui  impedierit,  prohibuerit,  eum  senatum 
existimare  contra  rem  publicam  fecisse.  Si  quis  huic  s.  c. 
intercesserit,  senatui   placere   auctoritatem  prescribi  et  de  ea 


SENATORIAL    DOCUMENTS  417 

re  ad  senatum  p(rimo)  q(uoque)  t(empore)  referri.  Huic  s.  c. 
intercessit  C.  Caelius,  L.  Vinicius,  P.  Cornelius,  C.  Vibius 
Pansa,  tribuni  pi. 

7.  The  senatus  co7isultutn  de  fiundinis  saltus  Beguensis, 
found  at  Henschir  Begar  in  Africa.  Its  date  is  a.d.  138 
(C  I.  L.  VIII.  270  and  Suppl.  11451). 

SC.  de  nundinis  saltus  Beguensis  in  t(erritorio)  Casensi, 
descriptum  et  recognitum  ex  libro  sententiarum  in  senatu 
dic[/«]rum  k(apite)  VI  T.  luni  Nigri,  C.  Pomponi  Camerini 
co(n)s(ulum),  in  quo  scripta  erant  A[/rzVa]ni  iura  et  id  quod 
i(nfra)  s(criptum)  est. 

In  comitio  in  curia 

[6'(:r]ibundo  adfuerunt  Q.  Sa[/]ontus  Q.  f.  Ouf.  [X^]ngus, 
.  .  .  [^]ni  Quar[/]inus,  C.  Oppius  C.  f.  Vel.  Severus,  C. 
For(?)  .  .  C.  f.  .  .  .  {^Sex.  £'r;/]ciu[j-],  M.  f.  Quir.  Clarus,  P. 
Cassius  L.  f.  Aem.  Dexter  q(uaestor),  P.  Nonius  M.  f.  Ou[/]. 
Macrinus  q(uaestor).     In  senatu  fuerunt  C. 

SC.  per  discessionem  factum. 

Quod  P.  Cassius  Secundus,  P.  Delphius  Peregrinus  Aleius 
Alennius  Maximus  Curtius  Valerianus  Proculus  M.  Nonius 
Mucianus  coss.  verba  fecerunt  de  desiderio  amicorum  Lucili 
African!  c(larissimi)  v(iri),  qui  petunt :  ut  ei  permittatur  in 
provincia  Afric(a),  regione  I^guensi,  territorio  Musulamiorum, 
ad  Casas,  nundinas  II II  nonas  Novemb.  et  XII  k.  Dec,  ex  eo 
omnibus  mensibus  IIII  non.  et  XII  k.  sui  cuiusq(ue)  mensis 
instituere  habere,  quid  fieri  placeret, 

de  ea  re  ita  censuerunt :  permittendum  Lucilio  Africano, 
c.  v.,  in  provincia  Afric(a),  regione  Beguensi,  territorio  Musu- 
lamiorum, ad  Casas,  nundinas  IIII  non.  Novemb.  et  XII  k. 
Decembr.  et  ex  eo  omnibus  mensibus  IIII  non.  et  XII  k.  sui 
cuiusq(ue)  mensis  instituere  et  habere,  eoque  vicinis  adve- 
nisq(ue)  nundinandi  dumtaxat  causa  coire  convenire  sine  iniuria 
et  incommodo  cuiusquam  liceat. 

Actum  idibus  Octobr.  P.  Cassio  Secundo,  M.  Nonio  Muci- 
ano.     Eodem   exemplo  de    eadem   re  duae   tabellae  signatae 


41 8  APPENDIX    I 

sunt.  Signatores:  T.  Fl.  Comini  scril)(ae),  C.  luli  Fortunati 
scrib(ae),  M.  Caesi  Helvi  Euhelpisti,  O.  Metili  Onesimi, 
C.  luli  Periblepti,  L.  Verani   Philerotis,  T.  Flavi  Crescentis. 

( b )  Actions  of  the  Poptilar  Assemblies 

8,  Selections  from  the  fragments  preserved  in  literature 
of  the  Laws  of  the  Twelve  Tables,  dating  from  451-450  B.C. 
Cf.  pp.  30  f. 

Tabula   I 

1.  Si  in  ius  vocat,  ito.  Ni  it,  antestamino :  igitur  em 
capito.  Si  calvitur  pedemve  struit,  manum  endo  iacito.  Si 
morbus  aevitasve  vitium  cscit,  iumcntum  dato.  Si  nolet, 
arceram  ne  sternito. 

2.  Assiduo  vindex  assiduus  esto  ;  proletario  iam  civi  quis 
volet  vindex  esto. 

3.  Rem  ubi  pacunt,  orato.  Ni  pacunt,  in  comitio  aut  in 
fore  ante  meridiem  caussam  coiciunto.  Com  peroranto  ambo 
praesentes.  Post  meridiem  praesenti  litem  addicito.  Si  ambo 
praesentes,  solis  occasus  suprema  tempestas  esto. 

Tabula  II 

1 .  ...  Morbus  sonticus  .  .  aut  status  dies  cum  hoste  .  .  quid 
horum  fuit  unum  iudici  arbitrove  reove,  eo  dies  diffissus  esto. 

2.  Cui  testimonium  defuerit,  is  tertiis  diebus  ob  portum 
obvagulatum  ito. 

Tabula  III 

I.  Aeris  confessi  rebusque  iure  iudicatis  xxx  dies  iusti  sunto. 
Post  deinde  manus  iniectio  esto.  In  ius  ducito.  Ni  iudicatum 
facit  aut  quis  endo  eo  in  iure  vindicit,  secum  ducito,  vincito  aut 
nervo  aut  compedibus  xv  pondo,  ne  minore,  aut  si  volet  maiore 
vincito.  Si  volet  suo  vivito.  Ni  suo  vivit,  qui  eum  vinctum 
hai)ebit,  libras  farris  endo  dies  dato.     Si  volet,  plus  dato, 


LEGES  419 

2.  Tertiis  nundinis  partis  secanto.  Si  plus  minusve  secue- 
runt,  se  fraude  esto. 

3.  AdversLis  hostem  aeterna  auctoritas  [esto]. 

9.  The  first  paragraph  of  the  lex  Quinctia  de  aquaeduc- 
tibiis  of  9  B.C.  (Frontin.  de  Aq.  129).  This  is  z.  plebisci- 
tum.  On  the  method  of  voting  in  the  two  tribal  assembUes, 
cf.  pp.  262  f. 

T.  Quinctius  Crispinus  consul  populum  iure  rogavit  popu- 
lusque  iure  scivit  in  foro  pro  rostris  aedis  divi  lulii  pr(idie) 

[k.]  lulias.    Tribus  Sergia  principium  fuit,  pro  tribu  Sex 

L.  f.  Virro  [primus  scivit]. 

10.  The  lex  de  imperio  Vespasiani  (cf.  pp.  270,  307, 
341  f.,  345).  It  is  of  the  year  69,  and  was  found  on  a 
bronze  tablet  at  Rome  (C  /.  L.  VI.  930). 

....  foedusve  cum  quibus  volet  facere  liceat  ita,  uti  licuit 
divo  Aug(usto),  Ti.  lulio  Caesari  Aug(usto),  Tiberioque 
Claudio   Caesari  Aug(usto)   Germanico ; 

utique  ei  senatum  habere,  relationem  facere,  remittere,  sena- 
tus  consulta  per  relationem  discessionemque  facere  liceat  ita, 
uti  licuit  divo  Aug(usto),  Ti.  Julio  Caesari  Aug(usto),  Ti. 
Claudio  Caesari  Augusto  Germanico ; 

utique  cum  ex  voluntate  auctoritateve  iussu  mandatuve  eius 
praesenteve  eo  senatus  habebitur,  omnium  rerum  ius  perinde 
habeatur  servetur,  ac  si  e  lege  senatus  edictus  esset  habe- 
returque ; 

utique  quos  magistratum  potestatem  imperium  curationemve 
cuius  rei  petentes  senatui  populoque  Romano  commendaverit 
quibusque  suffragationem  suam  dederit  promiserit,  eorum 
comitis  quibusque  extra  ordinem  ratio  habeatur ; 

utique  ei  fines  pomerii  proferre  promovere  cum  ex  re 
publica  censebit  esse,  liceat  ita,  uti  licuit  Ti.  Claudio  Caesari 
Aug(usto)  Germanico; 

utique  quaecunque  ex  usu  rei  publicae  maiestate^z/<?  divina- 
rum  huma«(2rum  publicarum  privatarumque  rerum  esse  censebit. 


420  APPENDIX    1 

ei  agere  facere  ius  potestasque  sit,  ita  uti  divo  Aug(usto), 
Tiberioque  lulio  Caesari  Aug(usto),  Tiberioque  Claudio 
Caesari  Aug(usto)  Germanico   fuit; 

utique  quibus  legibus  plelDcive  scitis  scriptum  fuit,  ne  divus 
Aug(ustus),  Tibcriusve  lulius  Caesar  Aug(ustus),  Tiberiusque 
Claudius  Caesar  Aug(ustus)  (iermanicus  tenerentur,  iis  legibus 
plebisque  scitis  imp(erator)  Caesar  Vespasianus  solutus  sit ; 
quaeque  ex  quaque  lege  rogatione  divum  Aug(ustum),  Tibe- 
riumve  lulium  Caesarem  Aug(ustum),  Tiberiumve  Claudium 
Caesarem  Aug(ustum)  Germanicum  facere  oportuit,  ea  omnia 
imp(eratori)  Caesari  Vespasiano  Aug(usto)  facere  liceat;  — 

utique  quae  ante  hanc  legem  rogatam   acta  gesta  decreta 
imperata  ab  imperatore  Cacsare  Vespasiano  Aug(usto)   iussu 
mandatuve  eius  a  quoque  sunt  ea  perinde  iusta  rataq(ue)  sint, 
ac  si  populi  plcbisve  iussu  acta  essent. 
Sanctio. 

Si  quis  huiusce  legis  ergo  adversus  leges  rogationes  plebisve 
scita  senatusve  consulta  fecit  fecerit,  sive  quod  eum  ex  lege 
rogatione  plebisve  scito  s(enatus)ve  c(onsulto)  facere  oportebit, 
non  fecerit  huius  legis  ergo,  id  ei  ne  fraudi  esto,  neve  quit  ob 
earn  rem  populo  dare  debeto,  neve  cui  de  ea  re  actio  neve 
iudicatio  esto,  neve  quis  de  ea  re  apud  [j]e  agi  sinito. 

(c)  Edicts 

II.  Two  sections  from  the  edict um  perpetuum  praetoris 
urbani,  entitled  respectively  (A)  Dc  vi  tiirba  incendio  rel., 
and  (B)  De  iniuriis.     Cf.  pp.  190,  318. 

A.    De  vi  turba  incendio  rel. 

I.  Vi  bonorum  rap  to  rum  et  de  turl)a.  Si  cui  dolo 
malo  hominibus  coactis  damni  quid  factum  esse  dicetur  sive 
cuius  bona  rapta  esse  dicentur,  in  eum,  qui  id  fecisse  dicetur, 
iudicium  dabo.  Item  si  servus  fecisse  dicetur,  in  dominum 
iudicium  noxale  dabo.  Cuius  dolo  malo  in  turba  damn/ 
quid  factum  esse  dicetur,  in  eum  in  anno,  quo  primum  de  ea 


EDICTS 


421 


re  experiundi  potestas  fuerit,  in  diiplum,  post  annum  in  sim- 
plum  iudicium  dabo. 

2.  De  incendio  ruina  naufragio  rate  nave  expugnata.  In 
eum,  qui  ex  incendio  ruina  naufragio  rate  nave  expugnata 
quid  rapuisse  recepisse  dolo  malo  damnive  quid  in  his  rebus 
dedisse  dicetur :  in  quadruplum  in  anno,  quo  primum  de  ea  re 
experiundi  potestas  fuerit,  post  annum  in  simplum  iudicium 
dabo.     Item  in  servum  et  in  familiam  iudicium  dabo. 

B.    Deiniuriis.      i Qui  autem  iniuriarum  agit, 

certum  dicat,  quid  iniuriae  factum  sit,  et  taxationem  ponat  non 
m^/orem  quam  quanti  vadimonium  fuerit. 

2.  Qui  adversus  bonos  mores  convicium  cui  fecisse  cuiusve 
opera  factum  esse  dicetur,  quo  adversus  bonos  mores  convicium 
fieret ;  in  eum  iudicium  dabo. 

3.  Ne  quid  infamandi  causa  fiat.  Si  quis  adversus  ea  fece- 
rit,  prout  quaeque  res  erit,  animadvertam. 

4.  Qui  servum  alienum  adversus  bonos  mores  verberavisse 
deve  eo  iniussu  domini  quaestionem  habuisse  dicetur,  in  eum 
iudicium  dabo.  Item  si  quid  aliud  factum  esse  dicetur,  causa 
cognita  iudicium  dabo. 

5.  Si  ei,  qui  in  alterius  potestate  erit,  iniuria  facta  esse 
dicetur  et  neque  is,  cuius  in  potestate  est,  praesens  erit  neque 
procurator  quisquam  existat,  qui  eo  nomine  agat :  causa  cognita 
ipsi,  qui  iniuriam  accepisse  dicetur,  iudicium  dabo. 

12.  An  extract  from  an  edict  of  the  curule  aediles.  Cf, 
pp.  204  if. 

I.  De  mancipiis  vendundis.  Qui  mancipia  vendunt, 
certiores  faciant  emptores,  quid  morbi  vitiive  cuique  sit,  quis 
fugitivus  errove  sit  noxave  solutus  non  sit :  eademque  omnia, 
cum  ea  mancipia  venibunt,  palam  recte  pronuntianto.  Quod  si 
mancipiun>  adversus  ea  venisset  sive  adversus  quod  dictum 
promissumve  fuerit,  cum  veniret,  fuisset,  quod  eius  praestari 
oportere  dicetur :  emptori  omnibusque,  ad  quos  ea  res  pertinet, 
(z;/  sex  mensibiis^  qtiibus  pritniim  de  ea  re  experiundi  potestas 
fuerit)    iudicium   dabimus,   ut   id   mancipium   redhibeatur,   si 


422  APPENDIX    I 

quid  autem  post  venditionem  traditionemque  deterius  emptoris 
opera  familiae  procuratorisve  eius  factum  erit,  sive  quid  ex  eo 
post  venditionem  natum  adquisitum  fuerit,  et  si  quid  aliud  in 
venditione  ei  accesserit,  sive  quid  ex  ea  re  fructus  pervenerit 
ad  emptorem,  ut  ea  omnia  restituat,  item,  si  quas  accessiones 
ipse  praestiterit,  ut  recipiat.  Item  si  quod  mancipium  capi- 
talem  fraudem  admiserit,  mortis  consciscendae  sibi  causa  quid 
fecerit,  inve  harenam  depugnandi  causa  ad  bestias  intromissus 
fuerit,  ea  omnia  in  venditione  pronuntianto :  ex  his  enim  causis 
iudicium  dabimus.  Hoc  amplius,  si  quis  adversus  ea  sciens 
dolo  malo  vendidisse  dicetur,  iudicium  dabimus. 

13.  An  edict  of  the  censors  of  the  year  92  B.C. 
(Gell.   15.   11).     Cf.  pp.  192  ff. 

Renuntiatum  est  nobis  esse  homines,  qui  novum  genus 
disciplinae  instituerunt,  ad  quos  inventus  in  ludum  conveniat ; 
eos  sibi  nomen  imposuisse  Latinos  rhetoras ;  ibi  homines  adu- 
lescentulos  dies  totos  desidere.  Maiores  nostri,  quae  Hberos 
suos  discere  et  quos  in  ludos  itare  vellent,  instituerunt.  Haec 
nova,  quae  praeter  consuetudinem  ac  morum  maiorum  fiunt, 
neque  placent  neque  recta  videntur.  Quapropter  et  iis,  qui  eos 
ludos  habent,  et  iis,  qui  eo  venire  consuerunt,  videtur  faciundum, 
ut  ostenderemus  nostram  sententiam,  nobis  non  placere. 

14.  A  proclamation  of  the  proconsul  of  Farther  Spain 
of  the  year   189  B.C.  (C.  I.  L.  II.  5041). 

L.  Aimilius  L.  f.  inpeirator  decreivit,  utei  quei  Hastensium 
servei  in  turri  Lascutana  habitarent,  leiberei  essent;  agrum 
oppidumqu(e),  quod  ea  tempestate  posedisent,  item  possidere 
habereque  iousit,  dum  poplus  senatusque  Romanus  vellet. 
Act(um)  in  castreis  a.  d.  XII  k.   Febr. 

15.  The  praescriptio  of  a  j^roclamation  of  the  proconsul 
of  Sardinia  of  the  year  69  (C.  /.  Z.  X.  7852). 

Imp.  Othone  Caesare  Aug.  cos.  XV  k.  Apriles  descriptum 
et  recognitum  ex  codice  ansato  L.  Helvi  Agrippae  procons(ulis). 


EDICTS  423 

quern  protulit  Cn.  Egnatius  Fuscus  scriba  quaestorius,  in  quo 

scriptum  fuit  it  quod  infra  scriptum  est  tabula  V  c VIII 

et  Villi  et  X,  etc. 

16.  An  extract  from  an  edict  of  the  Emperor  Claudius 
of  the  year  46,  bearing  the  title  de  civitatc  Aiiaunoriim 
(C  /.  Z.  V.  5050).      Cf.  p.  349- 

M.  lunio  Silano  Q.  Sulpicio  Camerino  cos.  idibus  Martis 
Bais  in  praetorio  edictum  Ti.  Claudi  Caesaris  Augusti  Ger- 
manici  propositum  fuit  id  quod  infra  scriptum  est : 

Ti.  Claudius  Caesar  Augustus  Germanicus,  pont(ifex)  maxi- 
m(us),  trib(unicia)  potest(ate)  VI,  imp(erator)  XI,  p(ater) 
p(atriae),  co(n)s(ul)  designatus  IIII,  dicit: 

Cum  ex  veteribus  controversis  pe;z^entibus  aliquamdiu 
etiam  temporibus  Ti.  Caesaris  patrui  mei,  ad  quas  ordinandas 
Pinarium  Apollinarem  miserat,  quae  tantum  modo  inter 
Comenses  essent,  quantum  memoria  refero,  et  Bergaleos, 
isque  primum  apsentia  pertinaci  patrui  mei,  deinde  etiam 
Gai  principatu  quod  ab  eo  non  exigebatur  referre,  non  stulte 
quidem,  neglexserit,  et  posteac  detulerit  Camurius  Statutus  ad 
me,  agros  plerosque  et  saltus  mei  iuris  esse :  in  rem  praesentem 
misi  Plantam  lulium  amicum  et  comitem  meum,  qui  cum 
adhibitis  procuratoribus  meis  quzque  in  alia  regione  quique  in 
vicinia  erant,  summa  cura  inquisierit  et  cognoverit,  cetera 
quidem,  ut  mihi  demonstrata  commentario  facto  ab  ipso  sunt, 
statuat  pronuntietque  ipsi  permitto. 

17.  An  oath  of  allegiance  to  the  Emperor  Gaius,  on  a 
bronze  tablet  found  in  Lusitania  (C  /.  L.  II.  172). 

C.  Ummidio  Durmio  Quadrato,  leg(ato)  C.  Caesaris  Ger- 
manici  imp(eratoris)  pro  pr(aetore). 

lus  iurandum  Aritiensium. 

Ex  mei  animi  sententia,  ut  ego  iis  inimicus  ero,  quos 
C.  Caesari  Germanico  inimicos  esse  cognovero,  et  si  quis 
periculum  ei  salutiq(ue)  eius  in/er/  in/er^tque  armis  bello 
internicivo    terra    mariq(ue)    persequi    non    desinam,    quoad 


424  APPENDIX    1 

poenas  ei  persolverit:  neq(ue)  me  ^negue']  liberos  meos  eius 
salute  cariores  habebo,  eosq(ue),  qui  in  eum  hostili  animo 
fuerint,  mihi  hostes  esse  ducam :  si  sciens  fallo  fefellerove, 
turn  me  liberosq(ue)  meos  luppiter  optimus  maximus  ac  divus 
Augustus  ceteriq(ue)  omnes  di  immortales  expertem  patria 
incolumitate   fortunisque  omnibus  faxint. 

[^A.  d.'\  V  idus  Mai[«j]  in  Aritiense  oppido  veteri  Cn.  Acer- 
ronio  Proculo,  C.  Petronio  Pontio  Nigrino  cos.,  mag(istris) 
Vegeto  Tallici,  .  .  .  ibio  .  .  .  arioni. 

i8.  A  tabnhi  patronatus  by  which  the  pagus  Gurzeii- 
siitm  in  Africa  makes  L.  Domitius  Ahenobarbus,  the  grand- 
father of  Nero,  its  patron  (C  /.  L.  VIII.  68). 

P.  Sulpicio  Quirinio,  C.  Valgio  cos.  senatus  populusque 
civitatium  stipendiariorum  pago  Gurzenses  hospitium  fecerunt 
quom  L.  Domitio  Cn.  f.  L.  n.  Ahenobarbo  procos.,  eumque  et 
postereis  eius  sibi  posterisque  sueis  patronum  coptaverunt, 
isque  eos  posterosque  eorum  in  fidem  clientelamque  suam 
recepit. 

Faciundum  coeraverunt:  Ammicar  Milchatonis  f.,  Cynasyn- 
(ensis) ;  Boncar  Azzrubalis  f.,  Aethogursensis,  Muthunbal 
Saphonis  f.,  Cui.  Nas.   Uzitensis. 

{d)  Inscriptions  illustrating  the  Curstis  Honortim 

iQ.  Two  inscriptions  illustrating  the  ciirsus  honorum 
of  a  member  of  the  senatorial  order  under  the  empire 
(C  /.  Z.  VI.  1333  and  VI.  332).  Cf.  pp.  374,  395- 
L.  Aemilio  L.  f.  Cam.  Karo  cos.,  leg.  Aug.  pr.  pr.  provinciae 
Cappadociae,  leg.  Aug.  pr.  pr.  censitori  provinciae  Lugdunen- 
sis,  leg.  Aug.  pr.  jDr.  provinciae  Arabiae,  curatori  viae  Flami- 
niae,  leg.  leg.  XXX  U.  V.,  praet.,  trib.  pleb.,  quaest.  Aug., 
trib.  militum  leg.  VIII  Aug.,  trib.  militum  leg.  Villi  His- 
panae,  X  viro  stlitib.  iudic,  sodali  Flaviali,  XV  viro  s.  f., 
C.  lulius  Erucianus  Crispus  pracf.  ahie  primae  Ulpiae  Uaco- 
rum  amico  optimo. 


THE   CURSUS    HONORUM  425 

[//<?r]cul[i]  Victori  P.  Plotius  Romanus  cos.,  sod.  Aug.  CI., 
leg.  Aug.  pr.  pr.  prov.  Arab,  item  Gal.,  praef.  aer.  Sat.,  leg. 
Aug.  cens.  ace.  Hisp.  Cit.,  iur.  per  Aem.  Lig.,  cur.  viae  Labic, 
cur.  Verc,  pr.  urb.,  trib.  pi.,  q.  kand.,  VI  vir  eq.  R.  tur.  II, 
trib.  mil.  legg.  I  Min.  et  II  Adiut.,  IIII  v.  v.  cur.,  aedem  cum 
omni  cultu  consecravit. 

20.  An  inscription  illustrating  the  cursus  honorum  of  a 
member  of  the  equestrian  order  under  the  empire  {C.  I.  L. 
VIII.  9990).     Cf.  pp.  393  f. 

P.  Besio  P.  f.  Quir.  Betuiniano  C.  Mario  Memmio  Sabino 
praef.  coh.  I  Raetorum,  trib.  leg.  X  G.  p.  f.,  praef.  alae 
Dardanorum,  procuratori  imp.  Caesaris  Nervae  Traiani  Aug. 
Germ.  Dacici  monetae,  proc.  provinc.  Baeticae,  proc.  XX 
hered.,  proc.  pro  leg.  provinc.  Mauretaniae  Tingitanae,  donis 
donato  ab  imp.  Traiano  Aug.  bello  Dacico  corona  murali 
vallari  hastis  pur.  vexillo  argent.,  exacti  exercitus. 

21.  An  inscription  illustrating  the  official  career  of  a 
member  of  the  third  class  {C.  I.  L.  VI.  1808).  Cf.  pp. 
391  f- 

Sex.  Caecilio  Epagatho  scrib.  libr.  tribunicio,  apparitori 
Caesarum,  scrib.  libr.  q.  Ill  decur.,  viat.  Ill  vir.  et  IIII  vir., 
scrib.  libr.  aed.  cur.,  patri  optimo.  Sex.  Caecilius  Sex.  f.  Quir. 
Birronianus  et  M.  Caecilius  Sex.  f.  Quir.  Statianus. 


APPENDIX    II 

SOME   PASSAGES,   DEALING  WITH   POLITICAL  INSTITUTIONS, 
FOUND   IN    LATIN   WRITERS 

(a)  The  Magistracies 

1.  The  aediles,  censors,  praetors,  and  consuls. 

Sunto  aediles  curatores  urbis,  annonae  ludorumque  sollem- 
nium  ;  ollisque  ad  honoris  amplioiis  gradum  is  primus  ascensus 
esto.  —  Censores  populi  aevitates,  suboles,  familias  pecuniasque 
censento ;  urbis  tecla  templa,  vias,  aquas,  aerarium,  vectigalia 
tuento ;  populique  partes  in  tribus  discribunto ;  exin  pecunias, 
aevitates,  ordines  partiunto  ;  equitum  peditumque  prolem  descri- 
bunto  ;  caelibes  esse  prohibento  ;  mores  populi  regunto  ;  probrum 
in  senatu  ne  relinquunto.  Bini  sunto  ;  magistratum  quinquen- 
nium habento  [reliqui  magistratus  annui  sunto]  eaque  potestas 
semper  esto.  —  luris  disceptator,  qui  privata  iudicet  iudicarive 
iubeat,  praetor  esto.  Is  iuris  civilis  custos  esto.  Huic  pote- 
state  pari  quotcumque  senatus  creverit  populusve  iusserit,  tot 
sunto.  —  Regio  imperio  duo  sunto  ;  iique  praeeundo,  iudicando, 
consulendo  praetores,  indices,  consules  appellamino ;  militiae 
summum  ius  habento :  nemini  parento ;  ollis  salus  populi 
suprema  lex  esto.  Eumdem  magistratum,  ni  interfuerint  decern 
anni,  ne  quis  capito.      Cic.  de  Lei^i^-  3.  7-9. 

2.  Collegiality ;   magistratus   maiores  and  minores.      Cf. 

pp.  1 54  ff . 

In  edicto  consulum,  quo  edicunt,  quis  dies  comitiis  cen- 
turiatis  futurus  sit,  scribitur  ex  vetere  forma  perpetua :  ne  quis 
magistratus  minor  de  caelo  servasse  velit.  Quaeri  igitur  solet, 
qui  sint  magistratus   minores.      Super  hac  re    meis  verbis   nil 

426 


THE    MAGISTRACIES  427 

opus  fuit,  quoniam  liber  M.  Messalae  auguris  de  auspiciis 
primus,  cum  hoc  scriberemus,  forte  adfuit.  Propterea  ex  eo 
libro  verba  ipsius  Messalae  subscripsimus  :  Patriciorum  auspi- 
cia  in  duas  sunt  divisa  potestates.  Maxima  sunt  consulum, 
praetorum,  censorum.  Neque  tamen  eorum  omnium  inter  se 
eadem  aut  eiusdem  potestatis,  ideo  quod  conlegae  non  sunt 
censores  consulum  aut  praetorum,  praetores  consulum  sunt. 
Ideo  neque  consules  aut  praetores  censoribus  neque  censores 
consulibus  aut  praetoribus  turbant  aut  retinent  auspicia;  at 
censores  inter  se,  rursus  praetores  consulesque  inter  se  et  vitiant 
et  obtinent.  Praetor,  etsi  conlega  consulis  est,  neque  prae- 
torem  neque  consulem  iure  rogare  potest,  ut  quidem  nos  a 
superioribus  accepimus  aut  ante  haec  tempora  servatum  est  et  ut 
in  Commentario  tertio  decimo  C.  Tuditani  patet,  quia  imperium 
minus  praetor,  mains  habet  consul,  et  a  minore  imperio  mains 
aut  maior  [a  minore]  conlega  rogari  iure  non  potest.  Nos 
his  temporibus  praetore  praetores  creante  veterum  auctoritatem 
sumus  secuti  neque  his  comitiis  in  auspicio  fuimus.  Censores 
aeque  non  eodem  rogantur  auspicio  atque  consules  et  praetores. 
Reliquorum  magistratuum  minora  sunt  auspicia.  Ideo  illi 
'  minores,'  hi  '  maiores  '  magistratus  appellantur.  Minoribus 
creatis  magistratibus  tributis  comitiis  magistratus,  sed  iustus 
curiata  datur  lege  ;   maiores  centuriatis  comitiis  fiunt. 

Ex  his  omnibus  verbis  Messalae  manifestum  fit,  et  qui  sint 
magistratus  minores  et  quamobrem  '  minores  '  appellentur.  Sed 
et  conlegam  esse  praetorem  consuli  docet,  quod  eodem  auspicio 
creantur.  Maiora  autem  dicuntur  auspicia  habere,  quia  eorum 
auspicia  magis  rata  sunt  quam  aliorum.     Cell.  N.  A.  13.  15. 

3.   The  right  of  appeal.     C£.  pp.  27,  31,  98,  240  £f. 

(P.  Valerius  Publicola)  legem  ad  populum  tulit  eam,  quae 
centuriatis  comitiis  prima  lata  est,  ne  quis  magistratus  civem 
Romanum  adversus  provocationem  necaret  neve  verberaret. 
Provocationem  autem  etiam  a  regibus  fuisse  declarant  ponti- 
ficii  libri,  significant  nostri  etiam  augurales,  itemque  ab 
omni  iudicio  poenaque  provocari  licere  indicant  XII  Tabulae 


428  APPENDIX    II 

coinplurilnis  legibus,  et,quod  proditum  memoria  est,  decern  viros, 
qui  leges  scripserint,  sine  provocatione  creates,  satis  oslenderit 
reliquos  sine  provocatione  magistratus  non  fuisse  ;  Luciique 
Valerii  Potiti  et  M.  Horatii  Barbati,  hominum  concordiae 
causa  sapientcr  popularium,  consularis  lex  sanxit  ne  quis 
magistratus  sine  provocatione  crearetur.  Neque  vero  leges 
Porciae,  quae  tres  sunt  triuni  Porciorum,  ut  scitis,  quidquam 
praeter  sanctionem  attulerunt  novi.  Itaque  Publicola,  lege 
ilia  de  provocatione  perlata,  statim  secures  de  fascibus  demi 
iussit  postridieque  sibi  collegam  Sp.  Lucretium  subrogavit, 
suosque  ad  eum,  quod  erat  maior  natu,  lictores  transire  iussit, 
instituitque  primus  ut  singulis  consulibus  alternis  mensibus 
lictores  praeirent,  ne  plura  insignia  assent  imperii  in  libero 
populo  quam  in  regno  fuissent.     Cic.  de  Re  Publ.  2.  53-5. 

4.    History  of  the  quaestorship.     Cf.  pp.  206  f. 

P.  Dolabella  censuit  spectaculum  gladiatorum  per  omnes 
annos  celebrandum  pecunia  eorum  qui  quaesturam  adipisce- 
rentur.  Apud  maiores  virtutis  id  praemium  fuerat,  cunctisque 
civium,  si  bonis  artibus  fiderent,  licitum  petere  magistratus  ;  ac 
ne  aetas  quidem  distinguebatur,  quin  prima  iuventa  consulatum 
et  dictaturas  inirent.  Sed  quaestores  regibus  etiam  tum  impe- 
rantibus  instituti  sunt:  quod  lex  curiata  ostendit,  a  L.  Bruto 
repetita.  Mansitque  consulibus  potestas  deligendi,  donee  eum 
quoque  honorem  populus  mandaret.  Creatique  primum  Vale- 
rius Potitus  et  Aemilius  Mamercus,  sexagesimo  tertio  anno  post 
Tarquinios  exactos,  ut  rem  militarem  comitarentur.  Dein, 
gliscentibus  negotiis,  duo  additi,  qui  Romae  curarent.  Mox 
duplicatus  numerus,  stipendiaria  iam  Italia,  et  accedentibus 
provinciarum  vectigalibus.  Post  lege  Sullae  viginti  creati 
supplendo  senatui,  cui  iudicia  tradiderat.  Et,  quamquam 
equites  iudicia  recuperavissent,  quaestura  tamen  ex  dignitate 
candidatorum  aut  facilitate  tribuentium  gratuito  concedebatur, 
donee    sententia    Dolabellae  velut  venundaretur.     Tac.  Ann. 


THE   SENATE  429 

(b)  The  Senate 

5.   Rules  governing  meetings   of    the  senate.       Cf.   pp. 

225  ff. 

Gnaeo  Pompeio  consulatus  primus  cum  M.  Crasso  desi- 
gnatus  est.  Eum  magistratum  Pompeius  cum  initurus  foret, 
quoniam  per  militiae  tempora'  senatus  habendi  consulendique, 
rerum  expers  urbanarum  fuit,  M.  Varronem,  familiarem  suum 
rogavit,  uti  commentarium  faceret  eio-aycoyiKov  — ■  sic  enim 
Varro  ipse  appellat — ,  ex  quo  disceret,  quid  facere  dicereque 
deberet,  cum  senatum  consuleret.  Eum  librum  commentarium, 
quem  super  ea  re  Pompeio  fecerat,  perisse  Varro  ait  in  litteris, 
quas  ad  Oppianum  dedit,  quae  sunt  in  libro  Epistolicarum 
Quaestionum  quarto,  in  quibus  litteris,  quoniam  quae  ante 
scripserat  non  comparebant,  docet  rursum  multa  ad  eam  rem 
ducentia. 

Primum  ibi  ponit,  qui  fuerint,  per  quos  more  maiorum  sena- 
tus haberi  soleret  eosque  nominat :  '  dictatorem,  consules,  prae- 
tores,  tribunos  plebi,  interregem,  praefectum  urbi,'  neque  alii 
praeter  hos  ius  fuisse  dixit  facere  senatusconsultum,  quoti- 
ensque  usus  venisset,  ut  omnes  isti  magistratus  eodem  tempore 
Romae  essent,  tum  quo  supra  ordine  scripti  essent,  qui  eorum 
prior  aliis  esset,  ei  potissimum  senatus  consulendi  ius  fuisse 
ait,  deinde  extraordinario  iure  tribunos  quoque  militares,  qui 
pro  consulibus  fuissent,  item  decemviros,  quibus  imperium 
consulare  tum  esset,  item  triumviros  rei  publicae  constituendae 
causa  creatos  ius  consulendi  senatum  habuisse. 

Postea  scripsit  de  intercessionibus  dixitque,  intercedendi,  ne 
senatusconsultum  fieret,  ius  fuisse  iis  solis,  qui  eadem  potestate, 
qua  ii,  qui  senatusconsultum  facere  vellent,  maioreve  essent. 

Tum  adscripsit  de  locis,  in  quibus  senatusconsultum  fieri 
iure  posset,  docuitque  confirmavitque,  nisi  in  loco  per  augurem 
constituto,  quod  '  templum '  appellaretur,  senatusconsultum 
factum  esset,  iustum  id  non  fuisse.  Propterea  et  in  curia 
Hostilia  et  in  Pompeia  et  post  in  lulia,  cum  profana  ea  loca 


430  APPENDIX    II 

fuissent,  templa  esse  per  augurcs  constituta,  ut  in  iis  senatus- 
consulta  more  maiorum  iusta  fieri  possent.  Inter  quae  id 
quoque  scriptum  reliquit,  non  omnes  aedes  sacras  templa  esse 
ac  ne  aedem  quidem  Vestae  templum  esse. 

Post  iiaec  deinceps  dicit,  senatusconsultum  ante  exortum 
aut  post  occasuni  solem  factum  ratuni  non  fuisse,  opus  etiam 
censorium  fecisse  existimatos,  per  quos  eo  tempore  senatus- 
consultum factum  esset. 

Docet  deinde  inibi  multa :  quibus  diebus  habere  senatum 
ius  non  sit;  immolareque  hostiam  prius  auspicarique  debere, 
qui  senatum  luil)iturus  esset,  de  rebusque  divinis  prius  quam 
humanis  ad  senatum  referendum  esse ;  turn  porro  referri  opor- 
tere  aut  infinite  de  re  pul)lica  aut  de  singulis  rebus  finite;  sena- 
tusque  consultum  fieri  duol)us  modis :  aut  per  discessionem,  si 
conscntiretur,  aut,  si  res  dubia  esset,  per  singulorum  sententias 
cxquisitas ;  singulos  autem  debere  consuli  gradatim  incipique 
a  consulari  gradu.  Ex  quo  gradu  semper  quidem  antea  primum 
rogari  solitum,  qui  princeps  in  senatum  lectus  esset;  turn 
autem,  cum  haec  scriberet,  novum  morem  institutum  refert 
per  ambitionem  gratiamque,  ut  is  primus  rogaretur,  quern 
rogai'e  vellet  qui  haberet  senatum,  dum  is  tamen  ex  gradu 
consulari  esset.  Praeter  haec  de  pignore  quoque  capiendo 
disserit  deque  multa  dicenda  senatori,  qui,  cum  in  senatum 
venire  deberet,  non  adesset.  Haec  et  alia  quaedam  id  genus 
in  Hbro,  quo  supra  dixi,  M.  Varro  epistula  ad  Oppianum  scripta 
executus  est. 

Sed  quod  ait,  senatusconsultum  duobus  modis  fieri  .solere, 
aut  conquisitis  sententiis  aut  per  discessionem,  parum  convenire 
videtur  cum  eo,  quod  Ateius  Capito  in  Coniectaneis  scriptum 
reliquit.  Nam  in  libro  IX.  Tuberonem  dicere  ait,  nullum 
senatusconsultum  fieri  posse  non  disce.ssione  facta,  quia  in 
omnibus  senatusconsultis,  etiam  in  iis,  quae  per  relationem 
fierent,  discessio  esset  necessaria,  idque  ipse  Capito  verum  esse 
adfirmat.  Sed  de  hac  omni  re  alio  in  loco  plenius  accuratius- 
que  nos  memini  scribere.     Cell.  N.  A.  14.  7. 


THE    SENATE  431 

6.  The  expression  of  opinion  and  obstructive  methods  in 
the  senate.     Cf.  pp.  227  ff. 

Ante  legem,  quae  nunc  de  senatu  habendo  observatur,  ordo 
rogandi  sententias  varius  fuit.  Alias  primus  rogabatur  qui 
princeps  a  censoribus  in  senatum  lectus  fuerat,  alias  qui  desi- 
gnati  consules  erant ;  quidam  e  consulibus,  studio  aut  necessi- 
tudine  aliqua  adducti,  quern  is  visum  erat  honoris  gratia  extra 
ordinem  sententiam  primum  rogabant.  Observatum  tamen  est, 
cum  extra  ordinem  fieret,  ne  quis  quemquam  ex  alio  quam  ex 
consulari  loco  sententiam  primum  rogaret.  C.  Caesar  in  con- 
sulatu,  quem  cum  M.  Bibulo  gessit,  quattuor  solos  extra  ordi- 
nem rogasse  sententiam  dicitur.  Ex  his  quattuor  principem 
rogabat  M.  Crassum ;  sed,  postquam  filiam  Cn.  Pompeio 
desponderat,  primum  coeperat  Pompeium  rogare. 

Eius  rei  rationem  reddidisse  eum  senatui  Tiro  Tullius, 
M.  Ciceronis  libertus,  refert,  itaque  se  ex  patrono  suo  audisse 
scribit.  Id  ipsum  Capito  Ateius  in  libro,  quem  De  Officio 
Senatorio  composuit,  scriptum  reliquit. 

In  eodem  libro  Capitonis  id  quoque  scriptum  est :  C,  inquit, 
Caesar  consul  M.  Catonem  sententiam  rogavit.  Cato  rem, 
quae  consulebatur,  quoniam  non  e  re  publica  videbatur,  perfici 
nolebat.  Eius  rei  ducendae  gratia  longa  oratione  utebatur 
eximebatque  dicendo  diem.  Erat  enim  ius  senatori,  ut  sen- 
tentiam rogatus  diceret  ante  quicquid  vellet  aliae  rei  et  quoad 
vellet.  Caesar  consul  viatorem  vocavit  eumque,  cum  finem 
non  faceret,  prendi  loquentem  et  in  carcerem  duci  iussit. 
Senatus  consurrexit  et  prosequebatur  Catonem  in  carcerem. 
Hac,  inquit,  invidia  facta  Caesar  destitit  et  mitti  Catonem 
iussit.     Cell.  N.  A.  ^.  lo. 

7.  Pedarii  senatores.     Cf.  pp.  223  f. 

Non  pauci  sunt,  qui  opinantur,  '  pedarios  senatores '  appel- 
latos,  qui  sententiam  in  senatu  non  verbis  dicerent,  sed  in 
alienam  sententiam  pedibus  irent.  Quid  igitur?  cum  senatus- 
consultum   per   discessionem   fiebat,  nonne   universi   .senatores 


432  APPENDIX    II 

sententiam  pedibus  ferebant?  Atque  haec  etiam  vocabuli  istius 
ratio  dicitur,  quam  Gavius  Bassus  in  Commentariis  suis  scriptam 
reliquit.  Senatores  enim  dicit  in  veterum  aetate,  qui  curulem 
magistratum  gessissent,  curru  solitos  honoris  gratia  in  curiam 
velii,  in  quo  curru  sella  esset,  super  quam  considerent,  quae 
ob  earn  causam  '  curulis '  appellaretur ;  sed  eos  senatores,  qui 
magistratum  curulem  nondum  ceperant,  pedibus  itavisse  in 
curiam  ;  propterea  senatores  nondum  maioribus  honoribus 
'  l)cdarios ''nominatos.  M.  autem  Varro  in  satira  Menippea, 
quae  'Ittttokuwv  inscripta  est,  equites  quosdam  dicit  '  pedarios  ' 
appellatos,  videturque  eos  significare,  qui  nondum  a  censoribus 
in  senatum  lecti  senatores  quidem  non  erant,  sed,  quia  honori- 
bus populi  usi  erant,  in  senatum  veniebant  et  sententiae  ius 
habebant.  Nam  et  curulibus  magistratibus  functi,  si  nondum 
a  censoribus  in  senatum  lecti  erant,  senatores  non  erant  et,  quia 
in  postremis  scripti  erant,  non  rogabantur  sententias,  sed,  quas 
principes  dixerant,  in  eas  discedebant.     Gell.  N.A.  3.  18.  1-6. 

8.  The  praef actus  urbi  and  the  tribune  as  presiding  officers 
in  the  senate.     Cf.  pp.  225  f. 

Praefectum  urbi  Latinarum  causa  relictum  senatum  habere 
posse  Junius  negat,  quoniam  ne  senator  quidem  sit  neque  ius 
habeat  sententiae  dicendae,  cum  ex  ea  aetate  praefectus  fiat, 
quae  non  sit  senatoria.  M.  autem  Varro  in  quarto  Epistoli- 
carum  Ouaestionum  et  Ateius  Capito  in  Coniectaneorum  IX., 
ius  esse  praefecto  scnatus  habendi  dicunt ;  deque  ea  re  adsen- 
sum  esse  Capito  [Varrojnem  Tuberoni  contra  sententiam  lunii 
refert:  Nam  et  tribunis,  inquit,  plebis  senatus  habendi  ius  erat, 
quamquam  senatores  non  essent,  ante  Atinium  plebiscitum. 
Gell.  N.  A.  14.  8. 

9.  Secret  voting  in  the  senate.     Cf.  p.  384. 

Excesseramus  sane  manifestis  illis  apertisque  suffragiis 
licentiam  contionum.  Non  tempus  loquendi,  non  tacendi 
modestia,  non  denique  sedendi  dignitas  custodiebatur.  Magni 
undique   dissonique   clamores,  procurrebant    omnes   cum  suis 


THE    SENATE  433 

candidatis,  multa  agmina  in  medio,  multique  circuli  ct  indecora 
confusio  :  adeo  desciveramus  a  consuetudine  parentum,  apud 
quos  omnia  disposita,  moderata,  tranquilla,  maiestatem  loci 
pudoremque  retinebant !  Supersunt  senes,  ex  quibus  audire 
soleo  hunc  ordinem  comitiorum.  Citato  nomine  candidati 
silentium  summum.  Dicebat  ipse  pro  se,  explicabat  vitam 
suam,  testes  et  laudatores  dabat,  vel  eum  sub  quo  militaverat, 
vel  eum  cui  quaestor  fuerat,  vel  utrumque,  si  poterat ;  addebat 
quosdam  ex  suffragatoribus  ;  illi  graviter  et  paucis  loquebantur. 
Plus  hoc  quam  preces  proderat.  Nonnumquam  candidatus  aut 
natales  competitoris,  aut  annos,  aut  etiam  mores  arguebat. 
Audiebat  senatus  gravitate  censoria.  Ita  saepius  digni  quam 
gratiosi  praevalebant.  Quae  nunc  immodico  favore  corrupta, 
ad  tacita  suffragia  quasi  ad  remedium  decucurrerunt.  Plin. 
Ep.  3.  20.  3-7. 

10.   The  frivolity  of  certain  senators. 

Scripseram  tibi  verendum  esse  ne  ex  tacitis  suffrages  vitium 
aliquod  exsisteret.  Factum  est.  Proximis  comitiis  in  qui- 
busdam  tabellis  multa  iocularia  atque  etiam  foeda  dictu,  in 
una  vero  pro  candidatorum  nominibus  suffragatorum  nomina 
inventa  sunt.  Excanduit  senatus,  magnoque  clamore  ei  qui 
scripsisset  iratum  principem  est  comprecatus.  Ille  tamen 
fefellit  et  latuit,  forta^se  etiam  inter  indignantes  fuit.  Quid 
hunc  putamus  domi  facere,  qui  in  tanta  re,  tam  serio  tempore, 
tam  scurriliter  ludat?  qui  denique  omnino  in  senatu  dicax  et 
urbanus  et  bellus  est?  Tantum  licentiae  pravis  ingeniis  adicit 
ilia  liducia :  "  Quis  enim  sciet?"  Poposcit  tabellam,  stilum 
accepit,  demisit  caput :  neminem  veretur,  se  contemnit.  Inde 
ista  ludibria,  scaena  et  pulpito  digna.  Quo  te  vertas?  quae 
remedia  conquiras?  Ubique  vitia  remediis  fortiora.  'AAAo. 
TaCra  rw  xnrkp  y]\x.a.<i  jxtkricru,  cui  multum  cotidie  vigiliarum, 
multum  laboris  adicit  haec  nostra  iners  et  tamen  effrenata  petu- 
lantia.      Plin.  Ep.  4.  25. 


434  APPENDIX    II 

(c)  Popular  Assemblies 

11.  Popular  assemblies  in  Athens  and  Rome. 

O  morem  j)raeclarum,  disciplinamquc,  quam  a  maioribus 
accepimus,  si  quidem  teneremus !  sed  nescio  quo  pacto  iam 
de  manibus  elabitur.  NuUam  enim  illi  nostri  sapicntissimi  et 
sanctissimi  viri  vim  contionis  esse  voluerunt.  Quae  scisceret 
plebes,  aut  quae  populus  iuberet,  summota  contione,  distributis 
partibus,  tributim  et  centuriatim  discriptis  ordinibus,  classibus, 
aetatibus,  auditis  auctoribus,  re  multos  dies  promulgata  et 
cognita,  iuberi  vetarique  voluerunt.  Graecorum  autem  totae 
res  publicae  sedentis  contionis  temeritate  administrantur. 
Itaque,  ut  banc  Graeciam,  quae  iam  diu  suis  consiliis  perculsa 
et  adflicta  est,  omittam,  ilia  vetus,  quae  quondam  opibus, 
imperio,  gloria  floruit,  hoc  uno  malo  concidit,  libertate  immo- 
derata  ac  licentia  contionum.  Cum  in  theatre  imperiti  homines, 
rerum  omnium  rudes  ignarique,  consederant,  turn  bella  inutilia 
suscipiebant,  turn  seditiosos  homines  rei  publicae  praeficiebant, 
turn  optime  meritos  cives  e  civitate  eiciebant.  C\c.  pro  Flacco^ 
15  f. 

12.  The  ius  cum  populo  agendi.     Cf.  p.  164. 

Idem  Messala  in  eodem  libro  de  minoribus  magistratibus  ita 
scripsit  :  Consul  ab  omnibus  magistra'tibus  et  comitiatum  et 
contionem  avocare  potest.  Praetor  et  comitiatum  et  contionem 
usquequaque  avocare  potest,  nisi  a  consule.  Minores  magi- 
stratus  nusquam  nee  comitiatum  nee  contionem  avocare  possunt. 
Ea  re,  qui  eorum  primus  vocat  ad  comitiatum,  is  recte  agit, 
quia  bifariam  cum  populo  agi  non  potest  nee  avocare  alius  alii 
potest.  Set,  si  contionem  habere  volunt,  uti  ne  cum  populo 
agant,  quamvis  multi  magistratus  simul  contionem  habere 
possunt.  Ex  his  verbis  Messalae  manifestum  est,  aliud  esse 
'  cum  populo  agere,'  aliud  '  contionem  habere.'  Nam  '  cum 
populo  agere'  est  rogare  quid  populum,  quod  suffragiis  suis  aut 
iubeat  aut  vetet,  '  contionem '  autem  '  habere  '  est  verba  facere 
ad  populum  sine  ulla  rogatione.     Gell.  N.  A.  13.  16. 


POPULAR    ASSEMBLIES  435 

13.  Some  points  concerning  the  comitia  and  the  concilium. 
Cf.  pp.  251  ff. 

In  libro  Laelii  Felicis  ad  Q.  Mucium  primo  scriptum  est, 
Labeonem  scribere,  '  calata '  comitia  esse,  quae  pro  conlegio 
pontificum  habentur  aut  regis  aut  flaminum  inaugurandorum 
causa.  Eorum  autem  alia  esse  '  curiata,'  alia  '  centuriata ' ; 
'  curiata '  per  lictorem  curiatum  '  calari,'  id  est  '  convocari,' 
'  centuriata  '  per  cornicinem. 

Isdem  comitiis,  quae  '  calata '  appellari  diximus,  et  sacrorum 
detestatio  et  testamenta  fieri  solebant.  Tria  enim  genera  testa- 
mentorum  fuisse  accepimus :  unum,  quod  calatis  comitiis  in 
populi  contione  fieret,  alteram  in  procinctu,  cum  viri  ad  proe- 
lium  faciendum  in  aciem  vocabantur,  tertium  per  familiae 
emancipationem,  cui  aes  et  libra  adhiberetur. 

In  eodem  Laelii  Felicis  libro  haec  scripta  sunt:  Is  qui  non 
ut  universum  populum,  sed  partem  aliquam  adesse  iubet,  non 
'  comitia,'  sed  '  concilium  '  edicere  debet.  Tribuni  autem 
neque  advocant  patricios  neque  ad  eos  referre  ulla  de  re 
possunt.  Ita  ne  'leges'  quidem  proprie,  sed  '  plebiscita ' 
appellantur,  quae  tribunis  plebis  ferentibus  accepta  sunt,  qui- 
bus  rogationibus  ante  patricii  non  tenebantur,  donee  Q.  Horten- 
sius  dictator  legem  tulit,  ut  eo  iure,  quod  plebs  statuisset, 
omnes  Quirites  tenerentur.  Item  in  eodem  libro  hoc  scriptum 
est:  Cum  ex  generibus  hominum  suffragium  feratur,  'curiata' 
comitia  esse,  cum  ex  censu  et  aetate  'centuriata,'  cum  ex  regio- 
nibus  et  locis,  '  tributa ' ;  centuriata  autem  comitia  intra 
pomerium  fieri  nefas  esse,  quia  exercitum  extra  urbem  imperari 
oporteat,  intra  urbem  imperari  ius  non  sit.  Propterea  centu- 
riata in  campo  Martio  haberi  exercitumque  imperari  praesidii 
causa  solitum,  quoniam  populus  esset  in  suffrages  ferendis 
occupatus.      Gall.  N.  A.  15.  27. 

14.  Definition  of  a  rogatio,  a  lex,  and  similar  technical 
terms.     Cf.  pp.   255  ff. 

Quaeri  audio,  quid  '  lex '  sit,  quid  '  plebiscitum,'  quid 
'rogatio,'  quid  'privilegium.'     Ateius  Capito,  publici  privatique 


43^  APPENDIX   II 

iuris  peritissimus,  quid  'lex'  esset,  hisce  verbis  definivit : 
Lex,  inquit,  est  generale  iussum  populi  aut  plebis,  rogante 
magistratu.  Ea  definitio  si  probe  facta  est,  neque  de  imperio 
Cn.  Pompei  neque  de  reditu  M.  Ciceronis  neque  de  caede 
P.  Clodi  quaestio  neque  alia  id  genus  populi  plebisve  iussa 
•leges'  vocari  possunt.  Non  sunt  enim  generalia  iussa  neque 
de  universis  civibus,  sed  de  singulis  concepta ;  quocirca  'privi- 
legia'  potius  vocari  debent,  quia  veteres  'priva'  dixerunt,  quae 
nos  'singula'  dicimus.  Quo  verbo  Lucilius  in  primo  Satira- 
rum  libro  usus  est : 

abdomina  thynni 
Advenientibus  priva  dabo  cephalafeaque  acarnae. 

'  Plebem '  autem  Capito  in  eadem  definitione  seorsum  a 
populo  divisit,  quoniam  in  populo  omnis  pars  civitatis  omnes- 
que  eius  ordines  contineantur,  'plebes'  vero  ea  dicatur,  in  qua 
gentes  civium  patriciae  non  insunt.  '  Plebiscitum'  igitur  est 
secundum  eum  Capitonem  lex,  quam  plebes,  non  populus, 
accipit. 

Sed  totius  huius  rei  iurisque,  sive  cum  populus  sive  cum 
plebs  rogatur,  sive  quod  ad  [singulos  sive  quod  ad]  universes 
pertinet,  caput  ipsum  et  origo  ct  quasi  frons  '  rogatio '  est.  Ista 
enim  omnia  vocabula  censentur  continenturque  'rogationis' 
principali  genere  et  nomine  ;  nam,  nisi  populus  aut  plcbs 
rogetur,  nullum  plebis  aut  populi  iussum  fieri  potest. 

Sed  quamquam  hacc  ita  sunt,  in  vcteribus  tamen  scriptis 
non  magnam  vocabulorum  istorum  differentiam  esse  animad- 
vertimus.  Nam  et  'plebiscita'  et  '  privilcgia '  translaticio 
nomine  'legis'  appellaverunt  eademque  omnia  confuso  et 
indistincto  vocabulo  '  rogationes  '  dixerunt.  Sallustius  quo- 
que,  proprietatum  in  verbis  retincntissimus,  consuetudini  con- 
cessit et  privilcgium,  quod  de  Cn.  Pompei  reditu  ferebatur, 
'legem'  appellavit.  Verba  ex  secunda  eius  Ilistoria  liaecsunt: 
Nam  Sullam  consulem  de  reditu  eius  legem  ferentem  ex  con- 
posito  tr.  pi.  C.  Herennius  prohibuerat.     Gell.  N.  A.  lo.  20. 


MISCELLANEOUS  437 

id)  Miscellaneotis 

15.  Origin  of  Roman  law. 

Necessarium  nobis  videtur  ipsius  iuris  originem  atque  pro- 
cessum  demonstrare.  Et  quidem  initio  civitatis  nostrae  populus 
sine  lege  certa,  sine  lure  certo  primum  agere  instituit,  omnia- 
que  manu  a  regibus  gubernabantur.  Postea,  aucta  ad  aliquem 
modum  civitate,  ipsum  Romulum  traditur  populum  in  triginta 
partes  divisisse,  quas  partes  curias  appellavit  propterea,  quod 
tunc  rei  publicae  curam  per  sententias  partium  earum  expedie- 
bat,  et  ita  leges  quasdam  et  ipse  curiatas  ad  populum  tulit ; 
tulerunt  et  sequentes  reges,  quae  omnes  conscriptae  exstant  in 
libro  Sexti  Papirii.  ...  Is  liber  appellatur  lus  Civile  Papiri- 
anum,  non  quia  Papirius  de  suo  quidquam  ibi  adiecit,  sed  quod 
leges  sine  ordine  latas  in  unum  composuit.  Exactis  deinde 
regibus  lege  tribunicia  omnes  leges  hae  exoleverunt  iterumque 
coepit  populus  Romanus  incerto  magis  iure  et  consuetudine 
aliqua  uti  quam  per  latam  legem,  idque  prope  viginti  annis 
passus  est.  Postea,  ne  diutius  hoc  fieret,  placuit  publica 
auctoritate  decern  constitui  viros  per  quos  peterentur  leges  a 
Graecis  civitatibus  et  civitas  fundaretur  legibus  ;  quas  in 
tabulas  eboreas  perscriptas  pro  rostris  composuerunt.  Digest, 
I.  2.  2. 

16.  The  laws  of  the  twelve  tables.     Cf.  pp.  30  f. 

Fremant  omnes  licet,  dicam  quod  sentio  :  bibliothecas  meher- 
cule  omnium  philosophorum  unus  mihi  videtur  XII  Tabularum 
libellus,  si  quis  legum  fontes  et  capita  viderit,  et  auctoritatis 
pondere  et  utilitatis  ubertate  superare.  Ac  si  nos,  id  quod 
maxime  debet,  nostra  patria  delectat,  cuius  rei  tanta  est  vis  ac 
tanta  natura  ut  Ithacam  illam  in  asperrimis  saxulis,  tamquam 
nidulum  affixam,  sapientissimus  vir  immortalitati  anteponeret ; 
quo  amore  tandem  inflammati  esse  debemus  in  eius  modi 
patriam,  quae  una  in  omnibus  terris  domus  est  virtutis,  imperii, 
dignitatis.     Cuius  primum    nobis  mens,   mos,   disciplina  nota 


438  APPENDIX    II 

esse  debet,  vel  quia  est  patria  parens  omnium  nostrum,  vel  quia 
tanta  sapientia  fuisse  in  iure  constituendo  putanda  est,  quanta 
fuit  in  his  tantis  opibus  imperii  comparandis.  Percipietis  etiam 
illani  ex  co>;nitione  iuris  laetitiam  et  voluptatem,  quod  quantum 
praestiterint  nostri  maiores  prudentia  ceteris  gentibus  turn 
facillime  intellegetis,  si  cum  illorum  nostras  leges  confene 
volueritis.  Incredibile  est  enim  quam  sit  omne  ius  civile, 
praeter  hoc  nostrum,  inconditum  ac  paene  ridiculum;  de  quo 
multa  soleo  in  sermonibus  cotidianis  dicere,  cum  hominum 
nostrorum  prudentiam  ceteris  omnibus  et  maxime  Graecis 
antepono.     Cic.  de  Or.  i.  195-7- 

17.    The  optimates  and  the  populates. 

Duo  genera  semper  in  hac  civitate  fuerunt  eorum  qui  versari 
in  re  publica  atque  in  ea  se  excellentius  gerere  studuerunt  ; 
quibus  ex  generibus  alteri  se  populares,  alteri  optimates  et 
haberi  et  esse  voluerunt.  Qui  ea  quae  faciebant  quaeque 
dicebant  multitudini  iucunda  volebant  esse,  populares ;  qui 
autem  ita  se  gerebant,  ut  sua  consilia  optimo  cuique  pro- 
barent,  optimates  habebantur.  Quis  ergo  iste  optimus  quis- 
que?  Numero  si  quaeris,  innumerabiles :  neque  enim  aliter 
stare  possemus.  Sunt  principes  consilii  publici ;  sunt  qui 
eorum  sectani  sequuntur ;  sunt  maximorum  ordinum  homines, 
quibus  patet  curia ;  sunt  municipales  rusticique  Romani ;  sunt 
negotia  gerentes,  sunt  etiam  libertini  optimates.  Numerus,  ut 
dixi,  huius  generis  late  et  varie  diffusus  est ;  sed  genus  univer- 
sum,  ut  tollatur  error,  brevi  circumscribi  et  definiri  potest. 
Omnes  optimates  sunt,  qui  neque  nocentes  sunt,  nee  natura 
improbi,  nee  furiosi,  nee  malis  domesticis  impediti.  Est  igitur 
ut  ei  sint,  quam  tu  nationem  appellasti,  qui  integri  sunt,  et 
sani,  et  bene  de  rebus  domesticis  constituti.  Horum  qui 
voluntati,  commodis,  opinionibus  in  gubernanda  re  publica 
serviunt,  defensores  optimatium  ipsique  optimates  gravissimi 
et  clarissimi  cives  numerantur,  et  principes  civitatis.  Cic.  pro 
Sest.  96. 


MISCELLANEOUS  439 

i8.  Municipia  and  coloniae.  Cf.  pp.  59  f.,  90  f.,  281  f., 
299  f . 

'Municipes'  et  'municipia'  verba  sunt  dictu  facilia  et  usu 
obvia,  et  neutiquam  reperias  qui  haec  dicit,  quin  scire  se  plane 
putet,  quid  dicat.  Sed  profecto  aliud  est,  atque  aliter  dicitur. 
Quotus  enim  fere  nostrum  est,  qui,  cum  ex  colonia  populi 
Romani  sit,  non  se  '  municipem  '  esse  et  populares  suos  '  muni- 
cipes '  esse  dicat,  quod  est  a  ratione  et  a  veritate  longe  aver- 
sum?  Sic  adeo  et  'municipia'  quid  et  quo  iure  sint  quantum- 
que  a  'colonia'  differant,  ignoramus  existimamusque  meliore 
condicione  esse  '  colonias'  quam  '  municipia.' 

De  cuius  opinationis  tam  promiscae  erroribus  divus  Hadri- 
anus  in  oratione,  quam  de  Italicensibus,  unde  ipse  ortus  fuit, 
in  senatu  habuit,  peritissime  disseruit  mirarique  se  ostendit, 
quod  et  ipsi  Italicenses  et  quaedam  item  alia  municipia  antiqua, 
in  quibus  Vticenses  nominat,  cum  suis  moribus  legibusque  uti 
possent,  in  ius  coloniarum  mutari  gestiverint.  Praenestinos 
autem  refert  maximo  opere  a  Tiberio  imperatore  petisse  orasse- 
que,  ut  ex  colonia  in  municipii  statum  redigerentur,  idque  illis 
Tiberium  pro  ferenda  gratia  tribuisse,  quod  in  eorum  finibus 
sub  ipso  oppido  ex  capitali  morbo  revaluisset. 

'  Municipes '  ergo  sunt  cives  Romani  ex  municipiis,  legibus 
suis  et  suo  iure  utentes,  muneris  tantum  cum  populo  Romano 
honorari  participes,  a  quo  munere  capessendo  appellati  viden- 
tur,  nullis  aliis  necessitatibus  neque  ulla  populi  Romani  lege 
adstricti,  nisi  in  quam  populus  eorum  fundus  factus  est.  Pri- 
mos  autem  municipes  sine  suffragii  iure  Caerites  esse  factos 
accepimus  concessumque  illis,  ut  civitatis  Romanae  honorem 
quidem  caperent,  sed  negotiis  tamen  atque  oneribus  vacarent 
pro  sacris  bello  Gallico  receptis  custoditisque.  Hinc  '  tabu- 
lae Caerites'  appellatae  versa  vice,  in  quas  censores  referri 
iubebant,  quos  notae  causa  suffrages  privabant. 

Sed  'coloniarum'  alia  necessitudo  est;  non  enim  veniunt 
extrinsecus  in  civitatem  nee  suis  radicibus  nituntur,  sed  ex 
civitate  quasi  propagatae  sunt  et  iura  institutaque  omnia  populi 


440  APPENDIX    IT 

Romaiii,  non  sui  arbitrii,  habent.  Quae  tanien  condicio,  cum 
sit  maijis  obnoxia  et  minus  libera,  potior  tamen  et  praesta- 
bilior  existimatur  propter  amplitudinem  maiestatemque  populi 
Romani,  cuius  istae  coloniae  quasi  effigies  parvae  simulacraque 
esse  quaedam  videntur,  et  simul  quia  obscura  oblitterataque 
sunt  municipiorum  iura,  quibus  uti  iam  per  innotitiam  non 
queunt.     Cell.  A',  ^i.  i6.  i"^. 


INDEX^ 


Ab  actis  senatus  477 

Ab  epistulis  436 

Accensus  170 

A  censibus  equestribus  490 

A  cognitionibus  438 

Acta  diurna  477 

Acta  senatus  477 

Actium  142 

Adiudicatio,  the  519 

Adlectio  22,  425,  473 

Adrogatio  22 

Advocati  513 

Aediles  ceriales,  instituted  127 

Aediles  curules,  instituted  38, 
230 ;  plebeians  eligible  43  ;  re- 
lation to  plebeian  aediles  231  ; 
powers  232-236 ;  division  of 
duties  237  ;  under  th*  empire 
467 

Aediles  plebei,  instituted  27 ; 
early  functions  228;  develop- 
ment of  office  229  ;  relation  to 
curule  aediles  231  ;  powers 
232-236 ;  division  of  duties 
237  ;  under  the  empire  467 

Aelius,  L.,  emperor  377 

Aelius  Sejanus,  L.  347 

Aemilius  Lepidus,  M.  135,  139 

Aerarium  militare,  the  422,  447 

Aerarium  Saturni,  the  419,  445 

Agar  publicus,  the  9,  29,  36,  85- 
86  ;  control  of  184 

Agrippina,  the  younger  351-352 

Album  iudicum,  the  512,  515 


Album  senatorium,  the  473 

A  libellis  437 

A  memoria  439 

Amici  Augusti,  the  434 

Antiochus  77 

Antoninus  Pius  376 

Antonius,  M.,  Caesar's  lieutenant 
109;  consul  in  44  B.C.  131; 
relations  with  Octavius  134- 
142 

Apparitores  170 

Appeals,  under  king  507  ;  under 
the  republic  27,  30,  31,  87,  159, 
287,  511,  513;  under  the  em- 
pire 515,  520,  521 

A  rationibus  435 

Arbitri  517 

Army,  the,  reformed  by  Servius 
Tullius  23;  its  officers  159, 
186;  as  a  political  factor  117, 
388 ;  reformed  by  Augustus 
345 ;  under  the  empire  388, 
409 

Asia  77,  110-112,  114 

Assemblies,  the  popular,  as  crim- 
inal courts  511;  procedure  513. 
See  also  ccnnitia  cenUiriata  and 
tributa,  and  concilhtm  plebis 

Assessores  520 

Auctoritas  patrum,  the,  and  legis- 
lation 50,  94.  See  also  the 
senate 

Augusti,  the,  of  the  system  of 
Diocletian  394 


1  The  numbers  refer  to  the  sections. 
441 


442 


INDEX 


Augustus,  restoration  of  order 
by  3:12  ;  legal  position  from  32 
to  27  B.C.  323 ;  receives  con- 
sular imperium  in  29  B.C.  323  ; 
Jan.  13,  27  B.C.  324;  receives 
proconsular  imperium  324 ; 
controls  provinces  324 ;  his 
tribunician  power  324,  326 ; 
titles  of  Augustus  and  prin- 
ceps  325  ;  his  proconsular  im- 
perium extended  326 ;  his 
perfected  system  326;  his 
settlement  of  the  succession 
327;  social  reforms328;  financial 
reforms  329 ;  frontier  policy  34 1 ; 
government  of  the  provinces 
342-344  ;  military  reforms  345. 
See  also  emperor  and  Octavius 
Aurelius,  M.,  emperor  377 
Auspices  155-157.  304.  3'7 

Barbarians,  the,  enter  the  empire 

390 

Bibliography :  {a)  historical,  pp. 
22-2 J,  40,62,  93,  127-12S,  149, 
288,  304,  316,  328,  340;  {b) 
descriptive,  pp.  173-174,  219, 
243-244.  265,  358.  372-373. 
380,   387,   399 

Bibulus,  M.  105 

Brutus,  D.  134 

Brutus,  M.  133,  136 

Caesar.  See  Julius 
Caesars,  the  395,  400,  432 
Calculus  Minervae,  the  515 
Calumnia  513 
Candidati  Caesaris  416 
Capitis  deminutio  289,  4S4 
Caracalla,  edict  of  500 
Carthage,  first  war  with  72  ;  sec- 
ond 74 ;  third  So 


Cassius  Longinus,  C.  133 

Catiline.    See  Seri^/us 

Censitores  444 

Censorship,  the,  established  38 ; 
open  to  plebeians  43  ;  develop- 
ment of  64  ;  collegiate  prin- 
ciple 206;  election  207;  term 
of  office  207  ;  powers  208-213  ; 
the  nota  210,  216;  the  recog- 
nitio  equitum  211  ;  the  lectio 
senatus2i2;  the  lustrum  214  ; 
the  census  outside  Rome  215; 
decline  of  the  censorship  216; 
under  the  empire  331,  365, 
367,  425,  466 

Census,  the.    See  censorship 

Centenarii,  etc.  494 

Centum  viri,  the  442,  517,  519, 
520 

Centuria  praerogativa  306 

Centuries,  cunstitulion  of  the  23 
51,  66,  501  ;  the  centuria  prae- 
rogativa 306 

Cicero.     See  Tullius 

Cimbri,  the  88 

Cinna.    See  Cornelius 

Citizenship,  number  having  it 
57 ;  how  acquired  under  the 
republic  288 ;  how  lost  289 ; 
content  291  ;  restricted  citizen- 
ship 291  ;  how  acquired  under 
the  empire  482-4S3  ;  how  lost 
484; content 4S5-486.  See  also 
plebeians,  and  J.alins 

Civil  and  criminal  cases  distin- 
guished 508 

Civitates,  sine  suffragio  53,  291  ; 
foederatae  53  ;  liberae  84  ;  sti- 
pendiariae  84  ;  decumanae  84  ; 
censoriae  84.  See  also  citizen- 
ship 

Classes,  the  23,  51,  66,  501 


The-  numl)crs  refer  to  the  sections. 


INDEX 


443 


Claudius,  emperor,  character  351; 
reforms  351 

Claudius  Caecus,  Appius  51 

Cleopatra,  and  Caesar  121;  and 
Antony  140-142 

Clients  i,  9,  20 

Clodius  Pulcher,  P.  106-108 

Cohortes  urbanae,  the  449 

Coinage,  right  of  424 

Collegiality.    See  par  potestas 

Colonies,  49,  53,  68,  85,  115; 
status  of  54  ;  maritime  55 

Comites  Augusti,  the  434 

Comitia,  the  295 ;  under  Augus- 
tus 333.  See  also  comitia  centu- 
riata,  curiata,  tributa 

Comitia  centuriata,  the,  Servian 
organization  of  23 ;  becomes 
poUtical  27 ;  the  com.  cent, 
and  the  auctoritas  patrum  50  ; 
reformed  66;  composition  300; 
presiding  officer  301 ;  dies 
comitiales  302 ;  formalities 
303-305 ;  method  of  voting 
306 ;  powers  307-309 ;  as  an 
electoral  body  307  ;  as  a  legis- 
lative body  308  ;  as  a  court  of 
appeal  309  ;  relation  to  other 
assemblies  308  ;  under  the  em- 
pire 333,  349.  503-  See  also 
courts,  criminal 

Comitia  curiata,  the,  under  the 
monarchy  22 ;  admission  of 
plebeians  298;  formalities  299; 
the  plebeian  com.  cur.  28 ;  the 
com.  cur.  under  the  empire  502 

Comitia  tributa,  the,  origin  of 
32,  310;  become  independent 
50;  composition  311  ;  meetings 
312  ;  powers  313  ;  for  election 
of  priests  314  ;  under  the  em- 
pire 333,  349,  504 


Commendatio,  the  331,  416 

Commissioners  254,  255.  See  also 
legati 

Commodus,  emperor  377-378 

Concilia,  the  296 

Concilia  provinciarum,  the  361,459 

Concilium  plebis,  the,  established 
28 ;  acquires  legislative  powers 
31  ;  becomes  independent  50; 
judicial  functions  178;  com- 
position 315;  presiding  officer 
315;  place  and  time  of  meeting 
316;  formalities  317  ;  method 
of  voting  318  ;  as  an  electoral 
body  319 ;  as  a  legislative  body 
321  ;  under  the  empire  t^^iZi 
349,  505.  See  also  courts, 
crit?iiual 

Condemnatio,  the  519 

Consilium,  the  166,  the  legis- 
lative consilium  332  ;  the  judi- 
cial consilium  375,  389,  411 

Constitutiones  principis,  the  413 

Consularis,  the,  under  Diocle- 
tian 398 

Consulship,  the,  established  25  ; 
open  to  plebeians  37,  43 ; 
titles  179;  collegiate  principle 
180  ;  consul  maior  180 ;  powers 
181-189;  position  under  the 
empire  464  ;  consules  suffecti 
and  ordinarii  128,  365,  397,  464 

Contiones  164,  175,  297 

Cornelius  Cinna,  L.  93 

Cornelius  Sulla,  L.,  and  Mithri- 
dates  92,  III;    his  legislation 

94-97 

Corrector,  the  398 

Courts,  civil,  under  the  republic 
182;  under  the  empire  375, 
411,442-443,  520;  officialswith 
jurisdiction  516;  organization 


The  numbers  refer  to  the  sections. 


444 


INDEX 


under  the  republic  517;  pro- 
cedure by  legis  actiones  51S; 
procedure    by    tlie    formulary 
method  519,  520;  in  the  prov- 
inces 521 
Courts,  criminal,  under  the  king 
507 ;  under    the    republic    96, 
182,  236,   238,   251,  309,  321  ; 
under   the   empire    350,   412, 
440-441,  480;    criminal  juris- 
diction of  magistrates  510,  521; 
popular  assemblies  as  courts 
511;     procedure    513;     trials 
under  the  empire  515  ;  in  the 
provinces  521.    See  also  quaes- 
tiones     extraordinariae^     per- 
petnae 
Crassus.    See  Licinitis 
Cura  alimentorum,  the  455 
Cura  alvei  et  riparum  Tiberis  et 

cloacarum  urbis,  the  426,  452 
Cura  annonae,  the  234,  331,  426, 

451 
Cura  aquarum,  the  426,  452 
Cura  ludorum,  the  235 
Cura  operum  tuendorum,  the  426 
Cura  urbis,  the  233,  337-339 
Curatores  aquarum,  the  452 
Curatores  viarum,  the  427,  454 
Curiae,  the  21,  292 
Curio.    See  Scriboitius 
Cursus  honorum,  the,  under  the 
republic    60,    95,    172;    under 
the    empire    460 ;    the    eques- 
trian cursus  honorum  494  ;  the 
senatorial  497 

Damnatio  memoriae,  the  405 
[Decem  viri]  agris  dandia  adsig- 

nandis  252 
Decem  viri  legibus  scribundis,  the 

30,  256 


Decem  viri  stlitibus  iudicandis, 
the  343,  442,  470,  517,  519,  520 

Decreta  163,  413 

Decuriones  358 

Demonstratio,  the  519 

Deportatio  4S4,  515 

Detestatio  sacrorum  22 

Dictatorship,  the  25,  31,  63;  ap- 
pointment 190;  the  dictator's 
powers  191  ;  term  of  othce 
192 ;  Sulla's  dictatorship  94, 
257;  Caesar's  125-126,  257 

Dies  comitiales  302,  316 

Dioceses,  the,  under  Diocletian 

Diocletian  393-399 

Diribitores  306 

Domitian,  autocratic  attitude  367; 

reforms  36S  ;  character  369 
Ducatus,  the,  under  Diocletian  398 
Duces  39S 

Duo  viri  aedilicia  potestate  35S 
Duo  viri  iure  dicundo  358 
Duo  viri  navales  55,  250 
Duo  viri  perduellionis  iS,  253,  507 
Duo  viri  viis,  etc.  243 

Edicta  163,  204,375,  413 
Edictum  perpetuum,  the  465,  519 
Emperor,  the,  position  strength- 
ened   367,     385 ;     succession 
400-401;   imperial  titles  402; 
insignia  403  ;  powers  406-430, 
515,  520  ;  exemption  from  cer- 
tain   laws    430 ;    the    emperor 
and  the  senate  332,  367,  385, 
387,    472-473.   477-479-     See 
also  Aui^iistus 
Epistulae  413 

Equites,  the,  placed  on  juries  87; 
removed  96;  restored  100;  the 
recognitio   equitum    211;    the 


The  numbers  refer  to  the  sections. 


INDEX 


445 


equites  under  the  empire  335, 
381,  490-494;  insignia  493; 
equites  equo  publico  and 
privato  491 ;  seviri  equitum 
Romanorum  492 

Etruria  12,  41 

Expansion.    See  imperialism 

Fasces,  the  169 

Finances,  the  184,  213,  239,  280, 

3-9.  365.  384.  417-425 

Fiscus  Caesaris,  the  420,  446 

Flamen  provinciae,  the  361 

Flavius,  Cn.  51 

Foreign  affairs,  control  of  57,  59, 
83,  117,  186,  188,281,283-284, 
341-344,  357,  370,  383,  390, 
408—409.    See  also /rcOTwc^j 

Formulae,  the  519 

Freedmen,  admitted  to  the  tribes 
51  ;  ineligible  to  office  171  ; 
ineligible  to  senate  263 ;  re- 
stricted rights  291  ;  under  the 
empire  484-486.  See  also 
Seviri  Aiignstales 

Freemen,  classes  of  290 

Gains,  emperor  350 

Galba.    See  Siilpiciiis 

Gallienus  390 

Gaul  conquered  115 

Gentes,  the,  government  of  i,  8; 

increased    in    number    9.    See 

also  patricians 
Gentiles  i 
Germanicus  347 
Gracchus.    See  Semproniiis 
Graecostasis,  the  284 


Hadrian  375 
Hannibal  74 
Helvius  Pertinax,  P.  379 

The  numbers  refer  to  the  sections. 


Imperator,  the  title  of   159,  402 

Imperial  officials  classified  431 

Imperialism  under  the  kings  9; 
under  the  republic  41,  42,  52, 
55,  71-81,  88,  111-115,  117, 
341-345.  357.  359-361,  370- 
372,  383-384,  390-392,  428, 
458-459- 

Imperium,  definition  of  the  149, 
154,  159;  maius  imperium  191, 
197  ;  delegation  of  244  ;  pri- 
vati  cum  imperio  247 

Incolae  358 

Intentio,  the  519 

Intercessio,  the  151,  221,  274 

Interrex,  the  16,  245 

Italians,  the,  and  Drusus  90 ; 
the  Social  war  91  ;  the  Italians 
gain  citizenship  91.  See  also 
itts  Italiciim 

Italy,  government  of,   187,  282, 

340,  357,  427,  453 
ludex  datus,  the  441 
Indices,  method  of  choosing  the 

512;  challenging  512;  polling 

jury   513;    under   the    empire 

515;  in   the   civil  courts  517. 

See  also  courts 
luniores,  the  23 
luridici  457 
lus  auxilii,  the  218 
lus  coercitionis,  the  160,  222 
lus  commercii,  the  20 
lus  conubii,  the  20,  t,t, 
lus  cum  patribus  agendi,  the  164, 

181,  224,  414 
lus  cum  plebe    agendi,   the    164, 

223 
lus  cum  populo  agendi,  the  164, 

181,  415 
lus  gentilitatis,  the  20 
lus  bonorum,  the  20 


446 


INDEX 


lus  imaginum,  the  l6S 

lus  intercedendi,  the  221,  331 

lus  Italicum,  the  486 

lus  Latii,  the.    See  Latin  cilizcii- 

sltip 
lus  referendi,  the  269 
lus  suffragii,  the  20 
lustitium,  the  189,  286 

Jugurtha  SS 

Julianus,  Didius  379 

Julius  Caesar,  C,  and  Catiline 
102;  consul  in  59  B.C.  105; 
the  le.x  Vatinia  105 ;  the  le.x 
Pompeia  Licinia  109;  crosses 
the  Rubicon  109;  conquest  of 
Gaul  115;  campaigns  against 
the  Pompeians  1 19-122  ;  cam- 
paigns in  Egypt  and  Asia 
Minor  121;  assassination  123; 
Caesar's  policy  124;  offices 
and  titles  125;  events  after 
his  assassination  131 

Jurors.    See  indices 

Kelts,  the  41,  52,  73 

King,  the  4,  8;  becomes  heredi- 
tary 13;  method  of  choice  16; 
powers  17;  insignia  18 

Latin  citizenship  365,  372  ;  under 
the  empire  498 

Latins,  the  41  ;  made  dependent 
52-54  ;  contest  for  Roman  citi- 
zenship 87 ;  political-  rights 
291  ;  under  the  empire  483. 
See  also  Latin  citizenship 

Law,  sources  of  Roman  513,  515 

Legati,  255.  See  also  commis- 
sioners 

Legati  Augusti  pro  praetore  344 

Legatio  libera,  tlie  255 


Leges  (named  after  proposer), 
1.  Aelia  Fufia  (155)  '57.  317; 
1.  Aelia  Sentia  (a.o.  4)  485;  1. 
Aternia  Tarpeia  (454)  30,  160, 
321  ;  plebiscitum  Atinium 
(2d  century)  264 ;  1.  Caecilia 
Didia  (98)  89,  303 ;  1.  Calpur- 
nia(i49)65;  1.  Canuleia  (445) 
33;  I.  Cassia  (137)  61  ;  leges 
Clodiae  (58)  106,  157;  leges 
Corneliae  (81-80)  94-97,  188, 
283;  1.  Domitia  (104)  97;  1. 
Gabinia  tabellaria  (139)  61  ;  1. 
Gabinia  de  provinciis  consu- 
laribus  (67)  loi  ;  1.  Ilortensia 
(287)  50;  1.  lulia  municipalis 
(45)  130,340;  1.  lulia  Augusti 
de  adulteriis  328;  1.  lulia 
Augusti  de  maritandis  ordi- 
nibus  328;  1.  lulia  Norbana 
(a.u.  19)  485;  leges  Liciniae 
Sextiae  (367)  36 ;  1.  Maenia 
(2S7)  50;  1.  Manilla  (66)  101  ; 
1.  Menenia  Sestia  (452)  30; 
plebiscitum  Ogulnium  (300) 
43;  plebiscitum  Ovinium(339- 
3'-)  47.  259.  261;  1.  Papia 
Poppaea  32S  ;  1.  Papiria  (131) 
61  ;  1.  Plautia  Papiria  (S9)  91  ; 
1.  Pompeia  de  civitate  danda 
(89)  91  ;  leges  Ponipeiae  (52) 
109,  188,  2S3;  1.  Publilia  (339) 
50  ;  1.  Sempronia  de  provinciis 
(123)  283;  1.  Sempronia  de 
provocatione  (123)  87,  287;  1. 
Valeria  de  provocatione  (509) 
27;  leges  Valeriae  Horatiae 
(449)  3'.  50:  ••  Vatinia  (59)  105; 
1.  Villia  annalis  (180)  60,  173 

Leges  (projioser's  name  not  men- 
tioned), 1.  curiata  de  imperio 
1 6, 1 7  7 ;  1.  de  potestate  censoria 


The  numbers  refer  to  the  sections. 


INDEX 


447 


308 ;  1.  de  imperio  Vespasiani 
p.  419  ;  1.  provinciae  83;  1. 
sacrata  militaris  49 ;  leges  de 
ambitu  61  ;  leges  X  tabularum 
30,  p.  418;  leges  de  provoca- 
tione  27,  30-31,87,  159;  leges 
frumentariae  87  ;  leges  tabel- 
lariae  61,  86,  306;  paternal 
laws  49 

Legis  actiones  518 

Legislation,  procedure  in  306. 
See  also  comitia  centuriaia, 
curiata,  iributa,  and  concilium 
plebis 

Lepidus.    See  Aemilins 

Lepidus,  M.,  after  Caesar's  death 
131  ;  member  of  triumvirate 
135;  suspected  by  colleagues 
137;  loses  power  139 

Licinius  Crassus,  M.,  and  the 
slave  war  99;  consul  in  70  B.C. 
100;  relation  to  CatiHnarian 
conspiracy  102 ;  in  Parthia 
114 

Licinius  Lucullus,  L.  111-112 

Lictors  169 

Livius  Drusus,  M.  90 

Lucullus.    See  Licinius 

Lustrum,  the  214 

Macedonia,  first  war  with  75 ; 
second  76 ;  third  78 ;  treat- 
ment of  79 
Magister  equitum  126,  193 
Magistracies,  the,  reelection  to 
44,  60;  plurality  of  offices  44  ; 
relations  to  the  senate  58  ;  the 
"  recall  "  85 ;  two-year  term  95 ; 
colleges  increased  127;  can- 
didates nominated  by  Caesar 
128;  definition  of  magistratus 
144;  magistratus,  maiores  and 


minores,  patricii  and  plebeii, 
curule  and  non-curule,  ordi- 
narii  and  extraordinarii,  cum 
imperio  and  sine  imperio  145- 
149;  term  of  office  152-153; 
vacancies  153;  powers  154- 
165;  emoluments  of  office  167; 
insignia  of  office  168;  eligibility 
171-173;  candidacy  174-175; 
elections  176;  inauguration 
177;  retirement  from  office  177; 
responsibility  178;  delegation 
of  the  imperium  244 ;  position 
under  the  empire  331,  365,  397, 
460-463;  eligibility  461 ;  nom- 
ination, election,  term  of  office 
349,  462  ;  loss  of  power  463. 
See  also  citrstcs  honoruni,  im- 
perium, and  set  late 

Magistri  militum  398 

Maiestas,  minuta  348 

Mandata  413 

Marius,  C.  88,  93 

Ministerial     system     introduced 

351 
Mithridates  92-93,  1 1  i-i  12 
Monumentum  Ancyranum,  the  322 
Munda  122 
Municipal  government    130,   358, 

456,  489 
Municipia  53 

Natalium  restitutio  485 

Nero,  accession  352 ;  court  in- 
trigue 353;  Seneca  and  Burrus 
353 ;  character  of  reign  354 ; 
last  of  Julian  line  356 

Nerva  373 

Nobilitas,  origin  of  the  48,  50, 
65;  influence  curtailed  129 

Nominatio,  the  331 

Nota,  the  210 


The  numbers  refer  to  the  sections. 


448 


INDEX 


Octavius,  C,  Caesar's  heir  132; 
relations  with  Antony  135-142. 
See  also  August  its 

Officials  with  criminal  jurisdic- 
tion 510 

Orationes  principis,  the  414 

Ornamenta  triumphalia  409 

Otho.    See  Salvius 

Pagus,  the  2 

Patricians,  origin  of  the  i  ;  rights 
20;  eligibility  to  office  171; 
exclusive  privileges  277,  291 

Patronus,  the  i,  22,  513 

Penalties  511,  513,  515 

Peregrini  291,  499;  peregrin! 
dediticii  485,  499-500 

Pertinax.    See  Helvius 

Petitio,  the  175 

Pharsalus  120 

Philippi  136 

Piracy  73.  "3 

Plebeians,  origin  of  the  9,  20; 
enrolled  in  the  army,  lo-ii; 
secure  tribunate  27  ;  publica- 
tion of  laws  30 ;  right  of  inter- 
marriage ^T) ;  tribuni  militares 
34  ;  admission  to  magistracies 
36,  43;  right  to  legislate  50; 
members  of  comitia  curiata 
298;  under  the  empire  487- 
489.  See  also  coticiliuin  plebis 
and  trihuiii  plebis 

Pompeius,  Sextus  139 

Pompey,  and  Sertorius  98 ;  con- 
sul in  70  B.C.  100;  the  pirates 
113;  concjuest  of  the  East  1 14; 
consul  in  55  B.C.  107  ;  sole  con- 
sul in  52  B.C.  108;  war  with 
Caesar  i  i9-i2(j 

Pontiffs,  the,  as  judges  507,  509 

Porcius,  M.  Cato  106 


Postumus,  Gallic  emperor  391 
Potestas,  definition  of  149;  maior 

potestas  1 50 ;  par  potestas  151, 

180,269,377,399 
Praecones  170 
Praefectus,  alae,  castrorum,  co- 

hortis,  the  494 
Praefectus  aerarii,  the  445 
Praefectus  alimentorum,  the  427, 

455 
Praefectus  annonae,  the  441,  451 
Praefectus  Capuam,  etc.,  the  243 
Praefectus  iuridicundo,  the  65, 161 
Praefectus  praetorio,  the  349,  389, 

398,  411-412,  433,  441,  443 
Praefectus  urbi,  the  18 ;  under 
the  republic  1 26,  246;  under  the 
empire  339  ;  made  permanent 
official  349;  functions  44 1-442, 
449;  the  praefectus  urbi  feri- 
arum  Latinarum  470 
Praefectus  vigilum,  the  339,  412, 

441,  450 
Praeses,  the  398 

Praetorship,  the,  established  3S ; 
open  to  plebeians  43  ;  changes 
62  ;  college  enlarged  127,  331 ; 
relation    to    consulship    197; 
method  of  election  198;  title 
198;    development    of    office 
199-200;  praetor  urbanus  200, 
246,   269,  465 ;    praetor  pere- 
grinus  200,  465  ;  assignment  of 
duties  201  ;  powers   202-205 ; 
the    edictum   perpetuum   204, 
465  ;  under  the  empire  465 
Praevaricatio  513 
Prefectures,   the,   under    Diocle- 
tian 3()S 
Priesthoods  25,  36,  97,  1S3,  314 
Princeps,  the  325,  330,  331,  367, 
414.    See  also  emperor 


The  numbers  refer  to  the  sections. 


INDEX 


449 


Principium,  the  318 

Privati  cum  imperio  247 

Procedure,  criminal  513;  ancient 
and  modem  compared  514; 
under  the  empire  515;  civil 
procedure  518-520 

Procuratores  446,  448,  458 

Professio,  the  174,  331 

Proletariat,  the  23,  29,  35,  49,  51, 
68,  85 

Promagistracy,  early  instances 
45  ;  Sulla's  system  95 

Promulgatio  legis  308 

Prorogatio  imperii,  the  152.  See 
also  prof?iagist7-acy 

Provinces,  acquisition  of  the  81; 
their  government  82,  188  ;  the 
lexprovinciae83;  condition  of 
the  provinces  116;  governors' 
term  limited  126;  Caesar's  re- 
forms 130;  under  senate  283; 
the  provinces  under  Augustus 
342-344;  local govemment359; 
under  the  Julian  emperors  360; 
under  the  Flavian  emperors 
367,  370-372  ;  in  the  second 
century  a.d.  383 ;  in  the  third 
century  389-392 ;  under  Dio- 
cletian 398  ;  imperial  and  sena- 
torial provinces  342,  428; 
imperial  officers  in  the  prov- 
inces 458-459 ;  the  provincial 
assemblies  361,  459 

Provincia,  meaning  of  151 

Punic  wars,  the.    See  Carthage 

Pyrrhus  71 

Quaestiones  extraordinariae,  the 
189,  511 

Quaestiones  perpetuae,  the  65,  87, 
512;  Sulla's  reforms  96 ;  com- 
position of  juries  87,  96,  100, 


512;  under  praetors  162,  203; 
political  cases  178;  presidency 
512;  under  the  empire  412, 
440,  515 

Quaestorship,  the  18,  507;  open 
to  plebeians  43 ;  college  en- 
larged 63,  127;  history  of  office 
238  ;  quaestores  urbani  239  ; 
quaestores  militares  240 ;  pro- 
vincial quaestors  240,  246; 
Italian  quaestors  241;  college 
reduced  331 ;  under  the  empire 
469 

Quattuor  viri  lure  dicundo,  the 
358 

Quattuor  viri  viis,  etc.  243 

Quinquennales,  the  358 

Recuperatores,  the  517 

Relegatio  484,  515 

Religious  affairs  25,  155-157,  183, 
279,  326,  407 

Renuntiatio,  the  176,  306 

Res  privata,  the  421,  448 

Rescripta  413 

Responsa  prudentium,  the  520 

Rome,  founding  of  3  ;  sources  of 
early  traditions  5  ;  early  city 
6;  its  population  7  ;  early  gov- 
ernment 8  ;  government  under 
the  empire  337-339.  426,  449- 
452 ;  the  regiones  339.  See 
also  cura  itrbis 

Salvias  Otho,  M.  355 
Samnites,  the  52 
Saturninus  89 
Scribae,  the  170 
Scribonius  Curio,  C.  109,  119 
Sella  curulis,  the  168 
Sempronius  Gracchus,  C.  87 
Sempronius  Gracchus,  Ti.  85 


The  numbers  refer  to  the  sections. 


450 


INDEX 


Senate,  the,  under  the  monarchy 
13,  15,  19;  the  conscript!  26, 
261,  267;  the  senate  and  the 
tribune  39,  46 ;  and  the  popu- 
lar assemblies  57,  278;  and  the 
magistrates  40,  58,  278;  char- 
acter of  senatorial  government 
59;  Sulla's  reforms  94;  the  sen- 
ate enlarged  by  Julius  Caesar 
129;  relations  to  consul  181; 
control  of  the  finances  184; 
the  senatus  consultum  ulti- 
mum  189,  287;  the  lectio  sena- 
tus 212;  choice  of  members 
259;  number  in  senate  129, 
260,  332 ;  composition  261  ; 
adlecti26i;  eligibility  262-266; 
age  and  property  requirement 
266 ;  pedarii  267  ;  insignia  and 
privileges  268;  presiding  officer 
269;  placeand  time  of  meeting 
270;  quorum  271;  procedure 
272 ;  classes  of  senators  267, 
272;  method  of  voting  273; 
valid  senatus  consulta  274- 
275;  thesenatusauctoritas274; 
the  senate  and  modern  parlia- 
ments 276  ;  powers  of  the  sen- 
ate277-287;  senatusconsultum 
and  lex  278;  the  tumultus  286; 
theiustitium  286;  the  appoint- 
ment of  a  dictator  2S7  ;  po- 
sition of  the  senate  under 
Augustus  332,  471;  numbers 
reduced  332 ;  in  the  second 
century  a.d.  380;  in  the  third 
387 ;  under  r3iocletian  396 ; 
admission  to  the  senate  under 
the  empire  472;  classes  of  sena- 
tors 473 ;  presidency  of  the 
senate  474  ;  place  and  time  of 
meeting    475;     c|uorum    476; 


procedure  477 ;  the  senate  and 
tlie  princeps478;  powers  of  the 
senate 479-4S I,  515;  municipal 
senate  358.  See  also  sena- 
torial arislocracy  and  iits  itiin 
patrihiis  ai^endi 
Senatorial  aristocracy,  the,  cre- 
atedby  Augustus  334;  enlarged 
by  Claudius  and  Vespasian 
365;  position  under  the  em- 
pire 495-497;  insignia  and  titles 
496 ;  the  senatorial  cursus 
honorum  497.  See  also  sen- 
ate and  nobilitas 
Seniores,  the  23 

Sergius  Catilina,  L.  102  ;  effect  of 
the  Catilinarianconspiracy  103; 
constitutionality  of  the  execu- 
tion of  the  conspirators  287 
Sertorius,  Q.  98 
Seviri  Augustales,  the  336 
Seviri  equitum  Romanorum  492 
Sextus  Pompeius  138-139 
Sources,    the   pp.  40,   61,   92-93, 
125-127,     147-149,     286-288, 
303-304.    316,    3-7-328,    340, 
and  margins  pp.  152-262,  341- 

39S 
Sources  of  traditional   narrative 

5,  24 ;  of  early  constitutional 

history  14 
Spain    acquired    79 ;     ruled    by 

Sertorius  98 
Stipendium  84 
Sulla.    See  Cornelius 
Sulpicius  Galba,  Ser.  355 
Sulpicius  Rufus,  P.  93 
Supplicatio,  the  159 
Syria,  war  with  77 

Taxes.    Stejinatices 
Thapsus  121 


The  numbers  refer  to  the  sections. 


INDEX 


451 


lJ 


Tiberius,  associated  in  the  gov- 
ernment 327  ;  made  emperor 
346;  character  347  ;  influence 
of  Sejanus  347  ;  treason  trials 
348 ;  transfers  elections  to 
senate  349 

Titus,  emperor  366 

Toga,  praetexta,  the  168;  pur- 
purea 168 

Trajan  374 

Tres  viri  capitales,  the  127,  243, 
470,  510 

Tres  viri  monetales,  the  127,  243, 
470 

Tres  viri  rei  publicae  constituen- 
dae,  the  135,  258 

Tribuni,  cohortis  praetoriae,  co- 
hortis  urbanae,  cohortis  vigi- 
lum,  legionis  494 

Tribuni  aerarii,  the  100,  293,  440 

Tribuni  militares  consulari  potes- 
tate,  the,  instituted  34,  194; 
nuraj3erjQ5  ;  powers  195;  dis- 
appearance of  office  196 

Tribuni  militum,  the  194,  249 

Tribuni  plebis,  the,  instituted  27  ; 
acquire  positive  powers  31  ; 
seat  in  senate  39 ;  power  to 
convoke  senate  46 ;  powers 
limited  by  Sulla  94-95;  re- 
stored in  70  B.C.  100;  public 
prosecutor  178  ;  election,  num- 
ber, insignia,  attendants  217; 
early  powers  218;  later  powers 
220-225  >    ^^  political  leaders 


226;  under  the  empire  429, 
468 

Tribunus  celerum  18 

Tribus,  the  4,  7,  23,  41  ;  freedmen 
and  landless  freemen  admitted 
51;  membership  in  293;  list 
of  the  tribes  293  ;  the  tribes 
under  the  empire  501 

Triumph,  a  159 

Triumvirate,  the  first,  formed 
104  ;  renewed  107  ;  the  second 
triumvirate  135 ;  discord  be- 
tween its  members  1 38-1 41  ; 
legal  basis  of  its  powers  258 

Tullius  Cicero,  M.,  suppresses 
Catilinarian  conspiracy  102 ; 
unites  conservatives  103  ;  ban- 
ished 106-107 

Tumultus,  the  286 

Vatinius,  P.  105 

Vectigal  84 

Vespasian,  proclaimed  emperor 

362  ;    character  364  ;   reforms 

365  ;  liberal  policy  365 
Viatores  170 
Vicarius,  the  398 
Viginti  sex  viri,  the,  under  the 

republic    242-243 ;  under   the 

empire  470 
Vir,    egregius,     eminentissimus, 

perfectissimus,  splendidus  493 
Vitellius,  A.,  emperor  355 


Zenobia  391 
The  numbers  refer  to  the  sections. 


ANNOUNCEMENTS 


A  NEW   HISTORY   SERIES 

By  James  Harvey  Robinson,  Columbia  University,  and 
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of  names  and  dates,  is  given  a  general  knowledge  of  world  history  in- 
valuable to  him  in  interpreting  the  present.  The  exceptional  full-page 
plates  and  colored  illustrations  and  the  multitude  of  cuts  from  draw- 
ings and  rare  photographs  parallel  the  text  in  power  to  visualize  the 
scene  and  to  interest  the  student. 


GINN  AND   COMPANY   Publishers 


HISTORY  AS   PAST   ETHICS 

By  P.  V.  N.  Myers 


8vo,  cloth,  387  pages,  $1.50 


This  latest  volume  by  Professor  Myers  is  a  distinct  and  val- 
uable contribution  to  historical  literature  and  the  historical  view- 
point. The  author  treats  history  in  its  ethical  significance  and 
provides  a  detailed  study  of  the  moral  life  in  all  the  various 
stages  of  historic  evolution,  from  that  of  ancient  Egypt  to  the 
new  social  and  international  conscience  of  the  present  age.  He 
includes  studies  of  ('hinese  and  Japanese  morals  and  the  ethi- 
cal ideals  of  India  as  well  as  the  moral  life  of  the  nations  that 
have  molded  the  history  of  the  Western  world. 

"  History  as  Past  Ethics  "  fittingly  completes  the  remarkable 
series  of  the  Myers  Histories.  It  is  distinguished  by  the  sound 
scholarship,  the  vivid  and  picturesque  style,  and  the  ability  to 
handle  large  historic  periods  with  a  just  and  discriminating 
sense  of  historical  values  that  have  gained  for  Professor  Myers's 
Histories  an  international  reputation.  It  presents  such  a  fresh 
and  illuminating  viewpoint  of  historical  movements,  contempo- 
rary as  well  as  past,  that  it  will  prove  a  valuable  adjunct  to  the 
historv  librarv  or  to  that  of  the  student  of  ethics. 


GINN   AiND   COMPANY   Puklishkrs 


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UC  SOUTHERIM  REGIOMAL  LIBRARY  FACILITY 


AA    000  749  665 


